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. There 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 prosecution under Section 420 read with 34 I.P.C. Proceedings have been initiated on the basis of a complaint filed by the defacto 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.) The crux or the gravamen of the charge is that the accused persons who are the chief executive and partners of a construction company induced the victim to part with an amount of Rs. 5,75,000/- fraudulently on false and unintended promises. The learned Magistrate has taken cognizance on the basis of the final report submitted. The petitioners have appeared before the learned Magistrate. Charges have not been framed by the learned Magistrate. It is at that stage that the petitioners have come to this Court with this application under Section 482 Cr.P.C. to quash the proceedings.