P M MANOJ Vs. MADHAVAN

JUDGEMENT

(1.) THE petitioner faces indictment in a prosecution under Sec. 420 IPC. Cognizance has been taken on the basis of a final report submitted by the police after due investigation in a crime. That crime, in turn, was registered on the basis of a complaint filed before the deputy Superintendent of Police, Kannur, and forwarded to the local Police Station. The petitioner has not been arrested at the crime stage or thereafter. On the final report, cognizance has been taken. Calendar Case has been registered. Reckoning the petitioner as an absconding accused, coercive processes have been issued against the petitioner by the learned Magistrate. Such processes are chasing the petitioner now. The petitioner apprehends imminent arrest in execution of such processes.

(2.) ACCORDING to the petitioner, he is absolutely innocent. Criminal adjudicatory process has been initiated against the petitioner unjustifiably. The allegations against the petitioner are groundless. In these, circumstances, this prosecution may be quashed. The petitioner may not be compelled to endure the trauma of execution of the coercive processes against him and of standing trial before the learned Magistrate, submits counsel.

(3.) I am satisfied that the contention of the petitioner that the allegations against him are groundless deserves to be considered. I am further satisfied that an indictee facing an unjustified and undeserved criminal prosecution against him is entitled to premature termination of proceedings without obliging him to endure the trauma of such prosecution. Such premature termination of proceedings can be claimed at the threshold in a criminal prosecution in accordance with the ordinary and normal provisions of Code. Where the offence alleged is a warrant offence and cognizance has been taken on the basis of a final report submitted by the police after due investigation, such premature termination can be claimed under sec. 239 Cr. P. C. Of course, in an appropriate case whether the interests of justice compellingly demand such course, this Court has the reservoir of powers under Sec. 482 cr. P. C. to bring to premature termination such prosecution. But invocation of the powers under Sec. 482 Cr. P. C. cannot be a matter of course. Satisfactory, sufficient, compelling and exceptional reasons must be shown to exist to justify the invocation of such extraordinary inherent jurisdiction.