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2023 Supreme(Online)(KER) 30442
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 30TH DAY OF NOVEMBER 2023 / 9TH AGRAHAYANA, 1945
CRL.M.C. NO.10243 OF 2023
CRIME
NO.1462/2021
OF
THIRUVALLAM
POLICE
STATION,
THIRUVANANTHAPURAM.
C.C. NO.1964/2021 OF JUDICIAL MAGISTRATE OF FIRST CLASS-II,
NEYYATTINKARA.
PETITIONER/19TH ACCUSED:
ANSARI,
AGED 42 YEARS, S/O. MUSTHAFA,
MELE THYVILAKOM PUTHEN VEEDU,
VIZHINJAM VILLAGE,
THIRUVANANTHAPURAM DISTRICT, PIN-695 042.
BY ADVS.
G.SUDHEER
R.HARIKRISHNAN (H-308)
SMRITHI S.S.
RESPONDENT/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN-682 031.
SMT. SREEJA V., PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
30.11.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
-2-
CRL.M.C. NO.10243 OF 2023
P.V. KUNHIKRISHNAN, J.
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Crl.M.C. No.10243 of 2023
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Dated this the 30th day of November, 2023
A court cannot quash proceedings under Section 482 Cr.P.C. if the petitioner has an alternative remedy under Section 258 Cr.P.C.
Headnote:
CRIMINAL PROCEDURE CODE - SECTION 482 - SECTION 258 - QUASHING OF PROCEEDINGS - POWER OF COURT - COURT CAN DIRECT CONSIDERATION OF PETITION UNDER SECTION 258 CR.P.C. WITHOUT INSISTING PRESENCE OF PETITIONER
Fact of the Case:
The petitioner was accused in a criminal case under various sections of the IPC and the Kerala Epidemic Diseases Act, 2021. The petitioner filed a petition under Section 482 Cr.P.C. to quash the proceedings, relying on a decision of the Kerala High Court in Prakash Karat v. State of Kerala.
Finding of the Court:
The court held that it could not quash the proceedings under Section 482 Cr.P.C. but directed the petitioner to file a petition under Section 258 Cr.P.C. to stop the proceedings.
Issues: Whether the court could quash the proceedings under Section 482 Cr.P.C.
Ratio Decidendi: The court held that it could not quash the proceedings under Section 482 Cr.P.C. because the petitioner had an alternative remedy under Section 258 Cr.P.C.
Final Decision: The court disposed of the petition with the following directions:i) The petitioner is free to file a petition within three weeks under Section 258 Cr.P.C. to stop the proceedings from the date of receipt of a copy of this order.ii) Once such a petition is received, the Judicial First Class Magistrate Court-II, Neyyattinkara will consider the same and pass appropriate orders in it, after giving opportunity of hearing to the petitioner and Prosecutor concerned.iii) If such a petition is filed as directed above, the presence of the petitioner shall not be insisted till final orders are passed in the petition filed under Section 258 Cr.P.C.
ORDER
This Criminal Miscellaneous Case is filed by the 19th accused in C.C.No.1964/2021 on the file of the Judicial First Class Magistrate Court-II, Neyyattinkara. The offences alleged are under Sections 143, 147, 283 read with Section 149 IPC and also under Sections 4(2)(e), 4(2)(f) read with Section 5 of the Kerala Epidemic Diseases Act, 2021.
2. According to the petitioner, in the light of the decision of this Court in Prakash Karat v. State of Kerala [2022 (5) KLT 907], the prosecution case is unsustainable.
3. It is also submitted that several accused are there and trial is not started and nobody is appearing except the petitioner. Since this is a Calendar Case registered in the year 2021, this Court need not interfere with the case invoking the powers under Section 482 Cr.P.C. but the petitioner can file a petition under Section 258 Cr.P.C. to stop the proceedings if there is sufficient ground for the same and if such a petition is filed, there can be a direction to consider the same without insisting the presence of the petitioner.
Therefore, this Criminal Miscellaneous Case is disposed of with the following directions:
i) The petitioner is free to file a petition within three weeks under Section 258 Cr.P.C. to stop the proceedings from the date of receipt of a copy of this order.
ii) Once such a petition is received, the Judicial First Class Magistrate Court-II, Neyyattinkara will consider the same and pass appropriate orders in it, after giving opportunity of hearing to the petitioner and Prosecutor concerned.
iii) If such a petition is filed as directed above, the presence of the petitioner shall not be insisted till final orders are passed in the petition filed under Section 258 Cr.P.C.
