IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 12TH AUGUST 2008 / 21ST SRAVANA 1930 Crl.MC.No. 2697 of 2008() ------------------------- CC.38/2003 of JUDL. MAGISTRATE OF FIRST CLASS COURT, KUNNAMKULAM .................... PETITIONER/ACCUSED: ------------ 1. DERICK ANTONY , TC 34/939,TOM SADANAM AIRPORT, VALLAKADAVU, TRIVANDRUM 2. KENNADY, S/O. ANTONY CHERUVILA POUTHANVEETIL HOUSE THAIKKAD VILLAGE, METTUKADA, THIRUVANANTHAPURAM 3. A.P.RAVIKUMAR,S/O.M.K.ANANDAPADMANABHAN NAIR, 'AHS NILAYAM' HOUSE NO.201 KOYIKKAL LANE, KANNAMOOLA, THIRUVANANTHAPURAM BY ADV. SRI.JIJO PAUL RESPONDENT/STATE: ------------- THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE KUNNAMKULAM POLICE STATION THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM KOCHI-31 BY PUBLIC PROSECUTOR SRI.AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.2697 of 2008 ------------------------------------- Dated this the 12th day of August, 2008 ORDER Petitioners are accused in two different cases both pending before the learned Judicial Magistrate of the First Class, Kunnamkulam as C.C.Nos.34 of 2003 and 38 of 2003. Though cognizance has been taken as early as in 2003 as is revealed from the number of the cases, the cases have not been disposed of yet. The petitioners had occasion to come before this Court with petitions for expeditious completion of the criminal prosecution against them. By Annexures-C and D orders, this Court had directed expeditious disposal of the cases. Still the cases have not been disposed of. The petitioners have come before this Court for issue of directions under Section 482 Cr.P.C to ensure expeditious disposal. 2. Notice was given to the learned Public Prosecutor. The report of the learned Magistrate was also called for. It is seen that further investigation is being conducted in these two cases. Final reports were submitted by the local police. But the necessity of a further investigation was revealed and a further Crl.M.C. No.2697 of 2008 2 investigation under Section 173(8) Cr.P.C is now being conducted. Such further investigation is being conducted by the C.B.C.I.D. In the course of further investigation, the C.B.C.I.D has come to realise that exhaustive further investigation deserves to be conducted. The further investigation is not complete yet. The learned Public Prosecutor submits that a further time of 6 months may be granted to the investigators to complete the further investigation and submit the further final reports. 3. I am satisfied, in the facts and circumstances of this case - considering the submissions of the learned Public Prosecutor and after perusing the report dt.25.07.08 submitted by the learned Magistrate, that the prayer for further time by the investigator is justified. I am satisfied that the investigator can be granted further time of 6 months to complete the investigation. 4. This Crl.M.C is, in these circumstances, dismissed, but with the specific observation that every effort must be made by the Investigating Officer to complete the investigation by 12.02.09. 5. Compliance shall be reported to this Court. (R.BASANT, JUDGE) rtr/- Crl.M.C. No.2697 of 2008 3 Crl.M.C. No.2697 of 2008 4 R.BASANT, J ------------------------------------ Crl.M.C. No.2697 of 2008 ------------------------------------- Dated this the 31st day of July, 2008 ORDER The grievance of the petitioners is that C.C.No.34 of 2003 and C.C.No.38 of 2003 are not disposed of yet in spite of the specific directions issued in Annexures- C and D orders. Report of the learned Magistrate was called for. The report of the learned Magistrate shows that further investigation is being conducted by the Investigating Officer and further final report has not been filed yet. 2. Notice given. The learned Public Prosecutor shall take instructions. It shall be explained why the further final report after further investigation under Section 173(8) Cr.P.C is not filed yet. I need only mention that I expect the Investigating Officer to expeditiously complete the investigation and file the final report. 3. Call on 12.08.08. Crl.M.C. No.2697 of 2008 5 (R.BASANT, JUDGE) rtr/-