Asmabi vs State of Kerala and C.R. George

K. Abraham Mathew, J.—The petitioner is the second accused in C.C.No. 406 of 2011 on the file of the Judicial First Class Magistrate Court-II, Perinthalmanna which has been registered for offences under Sections 406, 419, 420, 468, 471, 209 and 201 r/w Section 34 IPC. In the first investigation, there was only one accused and the petitioner was not an accused in it. But in the further investigation, the police filed a final report to the effect that she is also involved in the commission of the offences. Thus there are two final reports before the learned Magistrate. The prayer of the petitioner is to quash the proceedings in the lower Court.

Heard both sides.

In the first report filed before the learned Magistrate u/s 173(2) Cr.P.C, the petitioner was not an accused and in the supplementary report filed u/s 173(8) Cr.P.C, she has been made an accused. The submission of the learned counsel is that the second report is invalid and illegal and it should be quashed.

When there are two reports before the Court, it is for the Court which conducts the enquiry to decide whether to take cognizance or not to take cognizance on the basis of the materials collected in the first investigation as well as in the further investigation. Both are invalid reports. This Court cannot quash the proceedings merely because there are two reports before the lower Court. The discretion is with the learned Magistrate to decide as to what course he shall take. This Court u/s 482 Cr.P.C cannot place any fetter on his exercising such discretion.

In the result, this Crl.M.C is disposed of with a direction to the petitioner to appear before the lower Court and plead for a discharge u/s 227 Cr.P.C., if so advised.