K CHANDRAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is now shown as an accused - accused No.24 in Crime No.320/98 of the Adoor Police Station. The said prosecution is, inter alia, under Sec.307 read with Sec.149 of the IPC. The petitioner is not shown as an accused in the F.I.R. The local police had conducted the investigation. He was not arrayed as an accused in the final report. Subsequently, further investigation has been conducted by the Crime Branch C.I.D. and a further report has been filed in which the petitioner is arrayed as an accused. On the further report, committal proceedings against the petitioner has been registered before the learned Judicial Magistrate of the First Class, Adoor. The petitioner, counsel submits, has, in these circumstances, received notice to appear in the committal proceedings. The petitioner has, at this stage, come to this Court with a prayer to invoke the powers under Sec.482 of the Cr.P.C. to quash the further report submitted under Sec.173 (8) of the Cr.P.C. and the committal proceedings initiated by CRL.M.C.NO.3909 OF 2006 -: 2 :- the learned Magistrate on the basis of such further report.

(2.) What is the reason? The learned counsel for the petitioner submits that arraying the petitioner as an accused is most unjustified and unsustainable. It amounts to abuse of the process of the court. Further material collected in further investigation under Sec.173(8) of the Cr.P.C. cannot be reckoned as acceptable material at all.

(3.) I am of opinion that, at this stage, it is not possible or necessary for the court to scan the entire materials placed before the learned Magistrate against the petitioner in the further report. The petitioner will certainly get an opportunity to claim discharge before the Court of Sessions if he is committed by the learned Magistrate. The petitioner must avail of that opportunity and claim discharge before the learned Sessions Judge.