BINDU Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner, a young woman, faces allegations raised against her by the second respondent of having committed the offence punishable under Section 3(1)(x) of the SC/ST (Prevention of Atrocities) Act.The petitioner has rushed to this Court with a prayer that powers under Section 482 Cr.P.C. may be invoked to quash the F.I.R. registered against her as Crime No. 34 of 2007 of Pallikkal police station.

(2.) In a rare and exceptional case, in the interests of justice, this Court certainly has the jurisdictional competence to quash an F.I.R. by invoking the powers under Section 482 Cr.P.C.But thatcertainly cannot be a matter of course.Exceptional reasons must be shown to exist to justify invocation of such powers.I shall carefully avoidany detailed discussion on merits about the specific allegations raised and their acceptability, lest it may adversely affect the interests of the parties. Suffice it to say that I am not persuaded to agree that this is a fit case where the powers under Section 482 Cr.P.C. can be invoked in favour of the petitioner.

(3.) At the sametime,Ifind merit in the apprehension aired bythe learned counsel for the petitioner.The petitioner is a young woman having a child of six months. In view of Section 18 of the SC/ST(Prevention of Atrocities) Act, the petitioner cannot claim anticipatory bail. If she surrenders before the learned Magistrate, the offence being one exclusively triable by a Court of Sessions, the learned Magistrate may not consider the application for bail on merits, in accordance with law and expeditiously.In these circumstances the counsel prays that appropriate directions in this regard may be issued.