This Criminal Miscellaneous Case is filed by the second accused in S.C.No.899/2012 pending before the Sessions Court, Pathanamthitta to quash the proceedings as against him under Section 482 of the Code of Criminal Procedure (hereinafter referred to as 'the Code'). 2. It is alleged in the petition that the petitioner has been arrayed as the second accused in S.C.No.899/2012 now pending before the Sessions Court, Pathanamthitta alleging commission of offences under Sections 305, 506 (2) read with Section 34 of the Indian Penal Code. According to the counsel for the petitioner, even assuming that the entire allegations are accepted, there is no possibility of conviction and no offence as alleged has been made out. So, the petitioner is entitled to get the relief sought in this petition invoking the power under Section 482 of the Code. Trial of the case will only be a wastage of judicial time. So the petitioner has filed this petition seeking the following relief:
“The prosecution steps taken against the petitioner amounts to an absolute abuse of the process of court and to meet the ends of justice it is only just and proper that this Hon'ble Court is pleased to quash the Criminal Proceedings initiated against the petitioner in S.C.No.899/2012 pending before the court of Sessions, Pathanamthitta.”
3. Considering the nature of allegations mentioned in the petition, this Court felt that the petition can be disposed of at the admission stage itself after hearing the counsel for the petitioner and the learned Public Prosecutor after calling for a report from the concerned court regarding the present stage of the case. Accordingly, a report has been called for from the Sessions Court, Pathanmathitta and the learned Sessions Judge has submitted a report which reads as follows:
“Pursuant to the Official Memorandum cited, I may report the following regarding the present position of Sessions Case No.899/2012 on the file of this court.
This case stands charge sheeted by the Sub Inspector of Police Perumpetty in Crime No.81/2008 against the accused for offence U/s.305,506(ii) r/w 34 of IPC. The case against the 3rd accused was splitted up and refiled as CP- 74/2012 and the case against accused Nos.1, 2 and 4 was committed to this court on 13.7.2012 by the Judicial 1st Class Magistrate, Thiruvalla. The records received before this court on 31.7.2012.
As per the records, the age of the victim in this case at the time of occurrence of offence was 13 years old. The case was filed as Sessions Case No.899/2012 on 11.10.2012. Now the case stands posted for hearing on charge on 3.9.2014. A minimum period of 6 months required for disposing the same on merits”.
4. Only the second accused has come before this Court to quash the proceedings and case against the other accused persons will have to proceed within the trial court even if the case is heard by this Court. Further, on going through the report submitted by the Sessions Judge, it is seen that the case is now posted to 3.9.2014 for hearing on the question of charge. Since charge has not been framed, the petitioner will get an opportunity to seek for discharge and that court can consider that question and if materials do not support the case of the prosecution to make out a case for framing charge, then that court can invoke the power under Section 227 of the Code and discharge the accused. If such a course is available to the petitioner, this Court feels that it is not necessary for this Court to invoke the power under Section 482 of the Code at this stage. Further, it is mentioned in the report that the case itself can be disposed of within a period of six months from 3.9.2014. So this Court feels that giving an opportunity for the petitioner to file an application for discharge and directing the Sessions Judge to consider that aspect and pass appropriate orders and if they were not discharged, then dispose of the case itself within a time frame will be sufficient and that will meet the ends of justice. So, the petition is disposed of as follows:
The petitioner is at liberty to file an application for discharge taking all contentions raised by him before this Court and if such an application is filed, the learned Sessions Judge is directed to consider and dispose of the same as expeditiously as possible, at any rate, within one month from the date of filing of such an application after hearing the counsel for the petitioner and the learned Public Prosecutor of that court. If decision in that application goes against the accused, then the learned Sessions Judge is directed to dispose of the case itself as early as possible, at any rate, within six months from the date on which charges are framed against the accused persons.
With the above directions and observations, the petition is disposed of.
Office is directed to communicate this order to the concerned court immediately.
Sd/-
K. RAMAKRISHNAN, JUDGE.
cl /true copy/ P.S to Judge