SADHIQ IBRAHIM KUTTY Vs. SUB INSPECTOR OF POLICE

JUDGEMENT

(1.) The petitioners are 22 of the 36 persons against whom the Sub Divisional Magistrate has initiated proceedings under Section 107 Cr.P.C on the basis of a report submitted to the Sub Divisional Magistrate by the local Sub Inspector of Police. The petitioners have not appeared before the Sub Divisional Magistrate, but have in turn come to this Court with a prayer that the proceedings initiated against them may be quashed.

(2.) Under Section 107 Cr.P.C, the petitioners were called upon to show cause before the learned Sub Divisional Magistrate as to why they should not be ordered to execute bonds. Normally the petitioners must be expected to appear before the Sub Divisional Magistrate and take the course available to them under Section 107 Cr.P.C.

(3.) In an appropriate case, the procedure prescribed under Section 107 Cr.P.C will not fetter the jurisdiction of this Court under Section 482 Cr.P.C to quash the proceedings. But having gone through Annexure-A2 report submitted to the Sub Divisional Magistrate by the Sub Inspector of Police and Annexure-A3 order passed by the learned Magistrate, I am satisfied that this is an eminently fit case where the petitioners must take resort to the ordinary and regular course of appearing before the Sub Divisional Magistrate and showing cause. I do not find any compelling reasons which would justify the invocation of the extra ordinary inherent jurisdiction under Section 482 Cr.P.C to prematurely terminate the proceedings initiated under Chapter VIII of the Cr.P.C. This Crl.M.C is, in these circumstances, dismissed.