IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 9TH APRIL 2010 / 19TH CHAITHRA 1932 Crl.MC.No. 1156 of 2010 --------------------------------------- CRIME NO.241/2008 OF KUMBALA POLICE STATION ............ PETITIONERS/ACCUSED: 1. MUHAMMED ASHRAF.K.M., S/O.ABDULLA KUNHI, C/O.MUHAMMADALI, AKG NAGAR, KATTATHADUKKA, EDANAD. 2. MUNEER.M., S/O.MUHAMMED, AFEEFA MANZIL, AKG NAGAR, KATTATHADUKKA, EDANAD. 3. ANDUL RAHEEM.K.P., S/O.ABDUL LATHEEF, AKG NAGAR, KATTATHADUKKA, EDANAD. 4. ABDUL AZEEZ, C.H., S/O.IBRAHIM, HASEENA MANZIL, DO. DO. 5. SHAHID AKBAR M.A., S/O.ABDULLA KUNHI, M.A.MANZIL, DO. DO. BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS/COMPLAINANT/STATE: 1. SUB INSPECTOR OF POLICE, KUMBLA POLICE STATION. 2. STATE REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.1156 of 2010 -------------------------- ORDER Petitioners are the accused in Crime No.241/2008 of Kumbala Police Station, registered for the offences under Sections 18(A) and 53B of Kerala Police Act. They filed Annexure-II petition before Judicial First Class Magistrate's Court, Kasaragod under Section 167(5) of Code of Criminal Procedure for a direction to stop further investigation in the case contending that even after expiry of six months from the date of arrest of the petitioners, investigation is not completed and therefore, further investigation is to be stopped. Learned Magistrate, as per order dated 6.2.2010, dismissed the petition finding that as the case is not a summons case, investigation cannot be directed to be stopped. This petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure-III order and for a direction to the Magistrate to stop further investigation. 2. Learned counsel appearing for the petitioners and learned Public Prosecutor were heard. CRMC 1156/10 2 3. Argument of the learned counsel is that sub- section (5) of Section 167 of Code of Criminal Procedure is not restricted to summons case, but to all cases triable by a Magistrate as a summons case and therefore, learned Magistrate was not justified in not stopping the investigation as provided under Section 167(5) of Code of Criminal Procedure. 4. Sub-section (5) of Section 167 of Code of Criminal Procedure provides that if, in any case, triable by a Magistrate as a summons case, investigation is not concluded within a period of six months from the date on which the accused was arrested, Magistrate shall make an order stopping further investigation into the offence unless the officer making the investigation satisfies the Magistrate that for special reasons and in the interest of justice continuation of the investigation beyond the period of six months is necessary. 5. Sub-section (5) of Section 167 of Code of Criminal Procedure could only be applied to a summons case. Summons case is defined under clause (w) of Section 2 of Code of Criminal Procedure, means a case relating to an offence, not being a warrant case. CRMC 1156/10 3 Warrant case is defined under clause (x) of Section 2, means a case relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding two years. Sentence provided for an offence under Section 53B of Kerala Police Act is imprisonment for a term, which may extend to three years or to fine, which may extend to Rupees Five thousand or both. Therefore, an offence under Section 53B of Kerala Police Act is not a summons case. In such circumstances, learned Magistrate was justified in dismissing the petition, as investigation of a warrant case cannot be stopped invoking the powers under sub- section (5) of Section 167 of Code of Criminal Procedure. 6. Learned counsel then submitted that a direction be issued to the Sub Inspector of Police, Kumbala Police Station to complete the investigation without delay. Petition is dismissed. Still, Sub Inspector of Police, Kumbala Police Station is directed to complete the investigation in Crime No.241/2008 expeditiously. 9th April, 2010 (M.Sasidharan Nambiar, Judge) tkv