MANI Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners face indictment in a prosecution under Secs.496, 120B and 294(b) read with Sec.34 of the IPC. Cognizance has been taken by the learned Magistrate for the offence committed on the basis of a final report submitted by the police, after investigation. The petitioners were released on bail by the learned Magistrate at the crime stage, it is submitted. The petitioners have rushed to this Court without and before appearing before the learned Magistrate with a prayer that the powers under Sec.482 of the Cr.P.C. may be invoked to quash the proceedings against them.

(2.) What is the reason? The learned counsel for the petitioners only submits that the allegations do not justify the further proceedings against them. They may not be forced to endure the trauma of criminal prosecution against them, it is prayed.

(3.) Ordinarily and normally, I should expect the accused persons against whom unjustified criminal proceedings are initiated to appear before the court concerned and claim discharge. That is the ordinary and normal remedy available to a person. Of course, the availability of such a remedy will not inhibit or fetter the powers of this Court under Sec.482 of the Cr.P.C. to quash a criminal prosecution invoking its extraordinary inherent jurisdiction. But that can only be the exception and not the daily routine. That cannot be a matter of course. That cannot be the daily bread of this Court.