PAPPACHAN Vs. MUTHU

JUDGEMENT

(1.) This Court is called upon to issue a direction to the lower Court that in case the petitioner files a bail application, it shall be disposed of on the same day of filing of the same. Can this Court issue such a direction, under S.482 of the Criminal Procedure Code in a non existent petition If such a direction is issued, will it secure ends of justice or frustrate the same These in short, are the questions arising for consideration in this case.

(2.) Brief facts, as narrated in the petition are as follows: The petitioner is second accused in Crime No. 75 of 2001 of the Erattupetta Police Station. The said crime was registered based on a private complaint instituted by the first respondent before the Judicial Magistrate of First Class, Erattupetta which was forwarded under S.156(3) Cr.P.C. The alleged offences are under S.406, 420 and 34 Indian Penal Code and S.3(1)(x) of the Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act. A copy of the complaint is Annexure A and that of the F.I.R. is Annexure B.

(3.) According to the petitioner, the complaint is a false and fabricated one and the registration of the crime and the investigation is an abuse of process, since the ingredients of the offence are not made out in the complaint. It is also stated that no allegation is made in the complaint to indicate that the complainant was called by the caste name with an intention to insult him by using the caste name. Hence, the petitioner seeks a direction to be given to the Judicial First Class Magistrate Court, Erattupetta to consider and dispose of the bail application "to be filed" on the same day on which it is moved. This is the limited prayer in the petition.