ARAVINDAKSHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This is a petition invoking the inherent jurisdiction of this Court under Sec. 482 of the Criminal P.C. The prayer is to quash Ext. P2 order passed on Ext. P1 petition and all further proceedings .in C.C. 46 of 1983 pending before the Judicial Magistrate of the First Class, Irinjalakuda. There is also a prayer that the petitioners may be dropped from the array of accused in the case. There are two petitioners.

(2.) The short question for consideration is whether Ext. 2 order was passed by the "Magistrate without authority and as such an abuse of process of court which resulted in miscarriage of justice requiring interference the hands of this Court by invoking the inherent power.

(3.) The short facts are :- Second respondent, Ramadevan is the de facto complainant which was pending before the judicial Magistrate of the First Class, Kodungallur as C.C. 102 of 1982. Subsequently that case was transferred to the file of the Judicial Magistrate of the First Class, Irinjalakuda and renumbered as C.C. 46 of 1983. Originally, when the case was pending before the Judicial Magistrate of the First Class, Kodungallur there were three accused namely, Babu, Jagadeesan and Gopalakrishnan. The offences for which that case was charge-sheeted were Ss. 419 and 420 read with S. 34 of the Penal Code. It related to an agreement of sale alleged to have been executed by the second respondent regarding 70 cents of land belonging to him in favour of the first petitioner, Aravindakshan on 15-12-1980. Rs. 22,000/- is alleged to have been received under agreement as advance.