IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 7TH JUNE 2010 / 17TH JYAISTHA 1932 Crl.MC.No. 1971 of 2010() ------------------------- CC.447/2004 of JUDL. MAGISTRATE OF FIRST CLASS COURT-III, NEYYATTINKARA .................... PETITIONER(S): --------------- VILIASINI D/O.KAMALAMMA, KOTTAYIL VEEDU, VELLARADA DESOM, VELLARADA VILLAGE. BY ADV. SRI.D.KISHORE SMT.MEERA GOPINATH RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLCIE, VELLARADA POLICE STATION, THIRUVANANTHAPURAM DISTRICT. PUBLIC PROSECUTOR SRI.C.M.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No.1971 of 2010 = = = = = = = = = = = = = = Dated this the 7 th day of June, 2010 ORDER The de facto complainant in Crime No.542 of 2003 of Vellarada Police Station for offences punishable under Sections 143,147,148,452,324,326 and 421 read with 149 IPC and now pending before the J.F.C.M-III, Neyyattinkara as C.C.No.447 of 2004, seeks to set aside Annexure III order dated 19.3.2010 in C.M.P No.129/2010 as per which the petitioner's application under Section 173(8) Cr.P.C has been dismissed by the Magistrate. 2. The 1st accused in the case had approached this Court by filing Crl.M.C.No.894/2010 for an expeditious disposal of the case by the trial court. The said petition was disposed of by this Court on 9.4.2010 at the stage of admission (without hearing the petitioner herein) directing the Magistrate to dispose of the case within three months from 9.4.2010. 3. An application filed by the petitioner herein for further investigation under Section 173(8)Cr.P.C on the ground that Crl. M.C. No.1971 of 2010 2 more persons than the 8 accused persons who were charge- sheeted by the Police, was dismissed by the Magistrate as per Annexure III order dated 19.3.2010. 4. The grievance of the petitioner is that on being bound by the direction in Crl.M.C.No.894/2010, the learned Magistrate may not even invoke the power under Section 319 Cr.P.C, in case the complicity of additional accused persons is revealed during the evidence to be adduced in the case. 5. I make it clear that the ex parte direction in Crl.M.C.No.894/2010 of this Court and the findings in the impugned Annexure III order dated 19.3.2010 in C.C.No.447/2004 shall not fetter the power of the court below to invoke the power under Section 319 Cr.P.C in case the evidence to be adduced disclose the involvement or complicity of other persons not already arrayed as accused in the case. This Crl.M.C is disposed of as above. Dated this the 7th day of June, 2010. V. RAMKUMAR, JUDGE sj