The High Court of Kerala held that inherent powers under Section 482 Cr.P.C. are not applicable at the pre-trial stage before framing of charges, directing the petitioners to seek discharge before the trial court.
Crl.M.C. disposed of; petitioners permitted to file application for discharge; warrants not to be executed pending discharge.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE V.RAMKUMAR
MONDAY, THE 21ST JANUARY 2008 / 1ST MAGHA 1929
Crl.MC.No. 199 of 2008()
C.C. NO. 298/2007 of CHIEF JUDICIAL MAGISTRATE, MANJERI
PETITIONER: ACCUSED NOS.3 & 5
BY ADV. SRI.BABU S. NAIR
RESPONDENTS: STATE & DEFACTO COMPLAINANT
BY ADV. SRI. M.S. BREEZE, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
V. RAMKUMAR , J.
========================== CRL.M.C. No.199 of 2008
==========================
Dated this the 21st day of January, 2008.
ORDER
Petitioners, who are accused Nos.3 and 5 in C.C. No. 298/2007 on the file of the Chief Judicial Magistrate, Manjeri arising out of Crime No. 112/2007 of the Edavanna Police Station for offences punishable under Sections 406, 420, 464, 465,467 and 468 r/w Section 34 IPC, seek to quash all further proceedings before the Magistrate.
or framed a charge against the petitioners. If, according to the petitioners, no offences have been made out against both or either of them, nothing prevents them from pleading for a discharge before the trial court. The power under Section 482 Cr.P.C cannot be permitted to be invoked at this stage of the proceedings especially when the petitioners have got an effective remedy of pleading for a discharge before the trial court. Accordingly, this Crl.M.C is disposed of permitting the petitioners to file an application for discharge through their counsel. The Magistrate shall not insist on the personal appearance of the petitioners for the disposal of their discharge petition. Warrants, if any, pending against the petitioners shall not be executed until the disposal of such discharge petition.
V. RAMKUMAR, JUDGE.
rv
2 issues framed by the court
Whether Section 482 Cr.P.C. is applicable at the pre-trial stage before a preliminary hearing or framing of charges.
Whether acquittal or discharge petition is an effective alternative remedy prior to invoking the inherent power under Section 482 Cr.P.C.
1 provisions across 1 enactments
Seenaath Shaji and Hamza
State of Kerala
V. Ramkumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
