Inherent powers of the court cannot be exercised to quash proceedings when specific allegations justify the charges, and timely prosecution is emphasized.

ORDER

The Crl.M.C. is filed to quash Annexure A1 final report and all further proceedings in C.C. No.126 of 2019 on the file of the Court of the Chief Judicial Magistrate, Ernakulam, which has been registered against the petitioner for allegedly committing the offences punishable under Section 420 of the IPC and Section 10 r/w Section

24 of the Emigration Act .

2. The crux of the prosecution allegation is that, in

2015, the accused was running a recruitment agency without having proper license and, consequently, a search was conducted by the Investigating Officer and passports, e-visas, air tickets etc. were seized from the office of the accused. Thus, the accused has committed the above offences.

2. I have heard the learned Counsel for the petitioner and the learned Public Prosecutor.

3. It is brought to the notice of this Court that there are several cases registered against the petitioner for committing similar offences. In those cases, this Court had disposed of the Crl.M.Cs, by directing the petitioner to approach the trial court and file an application for discharge, provided the charge has not been framed. However, in the present case, the charge has been framed.

4. Taking into consideration the specific allegations made against the petitioner and the fact that Annexure A1 final report was filed against the petitioner as early as in 2015, which is more than ten years back, and there is no plausible explanation for the inordinate delay in approaching this Court under Section 528 of the BNSS, I am not inclined to exercise the inherent powers of this Court. Nonetheless, considering the fact that the case is pending since 2019, this Court had called for a report from the trial court to ascertain the present status and the reasonable time period required to dispose of the above case.

5. Pursuant to the above order, the trial court, by communication dated 23.01.2026, has informed this Court that CWs 1 to 3 have been examined and the case stands posted to 05.02.2026 for the examination of CWs 5 to 8. The trial court would put in an effort to dispose of the case at the earliest.

On a consideration of facts and materials on record, particularly in view of the specific allegations made against the petitioner, which prima facie constitute the offences, I reject the petitioner's prayer to quash the final report. Nonetheless, considering the report of the trial court, I direct the Trial Court to consider and dispose of C.C. No.126 of 2019, in accordance with law as expeditiously as possible, at any rate within an outer time limit of six months from date of production of a copy of this order. Sd/-

C.S.DIAS JUDGE SSK/29/01 APPENDIX OF CRL.MC NO. 8085 OF 2025 PETITIONER ANNEXURES Annexure A1 CERTIFIED COPY OF THE FIR, FIS AND FINAL REPORT IN CRIME NO. 1055/2015 OF ERNAKULAM CENTRAL POLICE STATION