SHAJI THOMAS Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner faces indictment in a prosecution, inter alia, under Sec.379 of the IPC. The crux of the allegations against him is that he had unauthorisedly removed sand from the river bed. Crime was registered. Investigation was conducted by the police. Final report has been filed. Cognizance has been taken. Procedure to be followed is one for warrant cases on police report under Chapter-XIX-A of the Cr.P.C. The petitioner has appeared before the learned Magistrate. He has rushed to this Court with this petition complaining that the allegations against him are baseless and the charge is groundless. It is prayed that powers under Sec.482 of the Cr.P.C. may be invoked to quash the proceedings.

(2.) I find no merit in the prayer. Powers under Sec.482 of the Cr.P.C. are to be invoked sparingly and in exceptional cases in aid of justice. In every case where discharge or acquittal is possible, this Court will not invoke its extraordinary inherent powers under Sec.482 of the Cr.P.C. to quash the proceedings. It is for such indictee to appear before the learned Magistrate and claim discharge/acquittal in accordance with law. The petitioner has already appeared before the learned Magistrate also, it is submitted. I am, in these circumstances, satisfied that it is not necessary to call for all the records to this Court and consider whether charges are liable to be framed or whether the petitioner is entitled to be discharged on the ground that the charges are groundless. The petitioner must raise such contention before the learned Magistrate at the stage of Sec.239/240 of the Cr.P.C.

(3.) The learned counsel for the petitioner apprehends that unnecessary insistence may be made on the personal appearance of the petitioner. Till the charge is decided, it is not essential or invariable that the petitioner must be directed to be present physically before the learned Magistrate. The petitioner can apply for exemption until the court takes a decision that the charges are liable to be framed against the petitioner.