This is an application filed by the petitioner who is the sole accused in C.C.No.1724/2007 on the files of the Additional Chief Judicial Magistrate's Court, Ernakulam under Section 482 of the Code of Criminal Procedure (hereinafter called the 'Code') seeking the following reliefs: i) quash all further proceedings pursuant to Annexure A2 in C.C.No.1724/2007 on the file of the Additional Chief Judicial Magistrate's Court, Ernakulam;
ii) issue any other order or direction which is appropriate in the circumstance of this case.
2. The case of the petitioner was that since the learned Magistrate had taken cognizance of the case only under Section 420 of the Indian Peal Code after declining to take cognizance under Section 12(b) of the Passport Act, the cognizance itself is bad and he has entitled to get discharge.
3. Considering the nature of relief claimed this Court felt that this can be disposed of after hearing the counsel for the petitioner and the learned Public Prosecutor as it is not necessary for this Court to invoke Section 482 of the Code at this stage and the case itself is posted before the lower court for hearing on the question of charge and framing charges and this can be done by the court below. When this was pointed out to the counsel for the petitioner, the counsel for the petitioner submitted that though the counsel for the accused was prepared to argue on that aspect, for want of Assistant Public Prosecutor of that court, this is being adjourned and he want only an early disposal of the case.
4. On going through the Annexure A-VI the proceedings paper of the lower court, it is seen that charge has not been framed though the court has taken cognizance of the case only under Section 420 of the Indian Penal Code declining to take cognizance under Section 12(b) of the Passport Act for want of sanction under Section 15 of the Act. So the petitioner can raise all these contentions before the court below itself and the court below can consider the contentions and pass appropriate orders in accordance with the law. So the petition is disposed of as follows:
The Additional Chief Judicial Magistrate, Ernakulam is directed to consider the contentions raised by the petitioner who is the sole accused in C.C.No.1724/2007 pending before that court regarding the question of framing charge and pass appropriate orders in accordance with law as expeditiously as possible at any rate within two months from the date of receipt of this order.
If the petitioner applies for discharge raising all the contentions raised by him in this petition, then the learned Magistrate is directed to consider the petition and dispose of the same within two months from the date of filing of the application or within the time fixed by this Court whichever is later.
With the above direction and observation the petition is disposed of.
Sd/-K.RAMAKRISHNAN JUDGE MJL