Imbichikoya.E.P vs State Of Kerala Rep. By Public on 8 February, 2011
3. I have heard learned counsel for petitioner and the learned Public
Prosecutor. Learned Public Prosecutor submitted that Section 341 of the Code
provides an appeal against the order passed under Section 340 of the Code and
the consequent complaint preferred and hence petitioner has to exercise the
statutory remedy available to him. Learned counsel for petitioner has placed
reliance on the decisions in P.K.Damodaran v. P.K.Bharathan (2004(1)
KLJ 105), Mohan v. State of Kerala (2005 (2) KLT 714), Sagar v.
State of Kerala (2006(1) KLT 69), Kuttiah v. Federal Bank Ltd.
(2006(3) KLT 418) and Popular Muthiah v. State represented by
Inspector of Police ((2006 7 SCC 296). According to the learned
counsel, when the order under challenge is palpably wrong provision for filing
appeal under Section 341 of the Code does not prevent this Court from
exercising inherent power under Section 482 of the Code, since the said
provision starts with a non-obstante clause.