ORDER

These criminal miscellaneous cases are filed to quash the proceedings in C.C.No.56/2018 on the file of the Judicial First Class Magistrate Court, Wadakkancherry. The offences alleged are under Sections 341, 365, 294(b), 506(i), 342, 323, 348 and 384 read with Section 34 of the Indian Penal Code and also Sections 43(a) and (b) read with Section 66 of the Information Technology Act. According to the petitioners, even if the entire allegations are accepted, no offence is made out.

2. This Court perused the final report. I am of the considered opinion that in these type of cases, this Court need not entertain a petition under Section 482 Cr.P.C. In Abdul Noushad v. State of Kerala and Another [2024:KER:73111], this Court considered this point, the relevant portion of which is extracted hereunder:

“9. Section 528 BNSS/482 Cr.P.C says that, nothing in the Code/Sanhita shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under the Code/Sanhita, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice. Therefore, to prevent abuse of the process of any Court and to secure the ends of justice, this Court can invoke the inherent jurisdiction. This doesn't mean that in all cases in which the ingredients of the offences alleged in the police charge are not attracted, this Court should immediately step in. Unless there is an abuse of the process of the Court or to secure the ends of justice, this Court need not invoke the powers under Section 528 BNSS/482 Cr.P.C.”

3. Therefore, I am of the considered opinion that the contentions raised by the petitioners are to be raised before the trial court by filing appropriate discharge petition, if charge is not framed. The counsel for the petitioners submitted that the petitioners may be granted exemption from personal appearance. Considering the facts and circumstances of the case, I think that prayer can be allowed on condition that the petitioners file an application before the court concerned.

Therefore this criminal miscellaneous case is disposed of with following directions:

1. The petitioners in these case are free to file an application for exemption before the trial court through lawyer within thirty days from the date of receipt of a copy of this order.

2. If such an application is filed, the jurisdictional court shall allow the same on condition that the petitioners will appear on posting dates on which their presence is inevitable.

3. The petitioners are free to file discharge petition at the appropriate stage if charge is not framed, in accordance with law.

sd/-

P.V.KUNHIKRISHNAN JUDGE JV APPENDIX OF CRL.MC 760/2022 PETITIONER ANNEXURES Annexure1 THE CERTIFIED COPY OF THE FINAL REPORT DATED 22-12-2017 ON THE FILES OF JUDICIAL FIRST CLASS MAGISTRATE COURT, WADAKKANCHERRY, THRISSUR DISTRICT Annexure2 TRUE COPY OF THE FIR NO: 204/2017 DATED

27-02-2017 OF PAZHAYANNOOR POLICE STATION ALONG WITH FI STATEMENT Annexure3 TRUE COPY OF THE STATEMENT FILED BY THE INVESTIGATING OFFICER DATED 20-02-2017 BEFORE THIS HON’BLE COURT IN BAIL APPLICATION NO. 1079/2017 Annexure4 TRUE COPY OF THE REPORT DATED 16-03-

2017 ADDING ADDITIONAL SECTIONS SUBMITTED BEFORE THE JFCM, WADAKANCHERRY ON 20-03-2017 Annexure5 TRUE COPY OF THE ORDER DATED 23-03-2017 IN B.A. NO: 2002/2017 OF THIS HON’BLE COURT APPENDIX OF CRL.MC 8609/2018 PETITIONER ANNEXURES ANNEXURE-I TRUE COPY OF THE FIR IN CRIME NO.204/17 OF PAZHAYANNUR POLICE STATION DATED

27/02/2017.

ANNEXURE-II TRUE COPY OF THE FIS IN CRIME NO.204/17 OF PAZHAYANNUR POLICE STATION DATED

27/02/2017.

ANNEXURE-III TRUE COPY OF THE REPORT ADDING ADDTIONAL ACCUSED DATED 20/03/2017.

ANNEXURE-IV TRUE COPY OF THE REPORT ADDING THE SECTION OF OFFENCE DATED 16/03/2017.

ANNEXURE-V CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.204/17 OF PAZHAYANNUR POLICE STATION DATED 22/12/2017.

ANNEXURE-VI TRUE COPY OF THE STATEMENT FILED IN B.A NO.1017/17 DATED 20/02/2017.

APPENDIX OF