This is an application filed by the petitioners for quashing the proceedings under Section 482 of the Code of Criminal Procedure. 2. It is alleged in the petition that petitioners were arrayed as accused Nos. 1 to 3 in Crime No. 511/2010 of Chengannoor Police Station, alleging offence under Section 399 of Indian Penal Code, along with two other accused persons. They have no acquaintance or nexus with those persons, who were arrayed as accused Nos. 4 and 5. They were taken into custody on 16.06.2010 at about 2.15 p.m. and they were detained in Chengannoor Police Station, where accused Nos. 4 and 5 were kept in the lock-up. Thereafter, all of them were produced before the Judicial First Class Magistrate Court, Chengannoor, and they were remanded to custody, and after 45 days of incarceration, they were released on bail. Now, after investigation, final report has been filed. According to the petitioners, there is no ingredient made out to attract the offence under Section 399 of the Indian Penal Code as against them. So, they have filed this application seeking the following relief:
“To quash all proceedings in S.C. No. 525/2012 on the file of the Addl. Sessions Court (Fast Track Court), Mavelikkara, in pursuance of Annexure A1 Final report as against the petitioners/accused 1 to 3, by exercising the inherent power of this Hon'ble court, in the interest of justice.”
3. Considering the nature of relief claimed, and also allegations made, this Court felt that the petition can be disposed of after hearing the counsel for petitioners and the learned Public Prosecutor and also getting a report from the concerned Court, where the case is now pending. Accordingly, a report has been called for from Additional Sessions Court-III, Mavelikkara, regarding the present stage of the case and the learned Sessions Judge has sent a report which reads as follows:
With reference to the above I may humbly submit the following.
S.C. 525/2012 is a case committed from the court of the judicial 1st class Magistrate I, Chengannur in C.P. No.355/2010. The offence alleged is under section 399 IPC and as per the order in C.P. 355/2010, the case as against A1 to A3 were committed to the Sessions Court. The committal order shows that A5 is no more and A4 is absconding and therefore the charge against A5 abated and the case against A4 split up and refiled as C.P. 48/12.
After the case is made over to this court, accused numbers 1 to 3 appeared and the case now stands posted to 24.06.2014 for hearing under section 227 Cr.P.C.
In this connection I may humbly submit that I received the letter under reference 3 above only today (19.06.2014) and hence the delay occurred in submitting the report.
4. When the application came up for hearing today, the learned counsel for the petitioners submitted that he will be satisfied with a direction to be given to the Additional Sessions Judge to consider the application for discharge, if any, filed before that Court, and dispose of that application within a time frame. Further, it is seen from the report that the case is now posted for hearing under Section 227 of the Code of Criminal Procedure. So the petitioners can very well raise all the contentions before the Court below or file an application for discharge, so that, that Court itself can consider those aspects and pass appropriate orders in that application.
5. In view of the above submissions, this Court feels that the petition can be disposed of as follows :
Petitioners are at liberty to raise all the contentions raised by them in this petition and move a petition for discharge in S.C. No. 525 of 2012 pending before the Additional Sessions Court-III, Mavelikkara, and if such an application is filed, the learned Sessions Judge is directed to consider and dispose of that application, as expeditiously, as possible, at any rate, within a period of two months from the date of filing of that application.
With the above direction and observation, the petition is disposed of. Office is directed to communicate this order to the concerned Court, immediately.
K. RAMAKRISHNAN JUDGE DMR/-