T P MURALEEDHARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) ARE there circumstances justifying the invocation of the extraordinary inherent jurisdiction under Section 482 Cr. P. C. in this case? under what circumstances can such powers be invoked? Without and before claiming discharge, can the indictee be permitted to raise the plea for premature termination of proceedings as a matter of course before the High court in proceedings under Section 482 Cr. P. C? These questions arise for consideration in this Crl. M. C. The manner in which such pleas for premature termination are lightly raised before this court obliges this Court to consider these questions in this Crl. M. C.

(2.) THE petitioners are the accused in a prosecutions under Section 420 read with 34 I. P. C. Proceedings have been initiated on the basis of a complaint filed by the defactor complainant. It is submitted that the complaint was filed initially before the chief Minister and that complaint was forwarded to the police. It is thereafter, the police filed the final report after completing the investigation.

(3.) I am of opinion that there are no circumstances justifying the invocation of the inherent jurisdiction available to this Court under Section 482 Cr. P. C. Cognizance has been taken on the basis of the police report. The learned Magistrate has chosen to issue process. At that stage, the learned Magistrate does not have the advantage of hearing the accused persons. Law provides a course for such indictees to appear before the learned magistrate and urge before the learned Magistrate that they are not liable to be proceeded further. At the stage of Section 239/240 Cr. P. C. the Code confers on the accused a right to urge before the Magistrate concerned that proceedings against them are liable to be prematurely terminated and they are entitled to be discharged. The Magistrate has the onerous responsibility of hearing the prosecutor and the indictee and to put an end to the prosecution, by discharge the accused, if circumstances justify such course.