SHAJI SREEDHARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the first accused in a prosecution under the provisions of the Essential Commodities Act. Cognizance has been taken by the learned Magistrate on the basis of the final report submitted by the police.

(2.) The crux of the allegations against the petitioner is that he was found illegally tapping diesel which was loaded in a tanker. The petitioner was allegedly the driver of the vehicle. Altogether there are two accused persons. The petitioner has not appeared before the learned Magistrate. A warrant of arrest is issued by the learned Magistrate to procure his presence. The petitioner has rushed to this Court with a prayer that the prosecution initiated against him may be quashed. It is contended that the allegations raised are not correct and that at any rate the petitioner does not deserve to suffer the trauma of such a prosecution.

(3.) I have heard the learned counsel for the petitioner. I have perused the petition filed as also the Annexures. I am certainly of the opinion that this is a fit case where the petitioner must appear before the learned Magistrate and claim discharge under Section 239 Cr.P.C. Needless to say, the petitioner's claim shall be considered by the learned Magistrate under Section 239 Cr.P.C. and appropriate decision taken. I am not persuaded to agree that this is a fit case where this court can or ought to invoke its powers under Section 482 Cr.P.C. to prematurely terminate the proceedings against the petitioner. If charges are not liable to be framed that contention must be urged before the learned Magistrate and appropriate orders sought under Section 239/240 Cr.P.C.