IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 24TH SEPTEMBER 2009 / 2ND ASWINA 1931 Crl.MC.No. 2562 of 2009 -------------------------------- CC.1148/2003 of JUDL.MAGISTRATE OF FIRST CLASS-II, KOTTARAKKARA ......................................... PETITIONER(S): DEFACTO COMPLAINANT ----------------------------------------------------------- PREMKUMAR,S/O.APPUKUTTAN PILLAI, PREM NIVAS,TC NO.4/469/1,KOWDIAR,TRIVANDRUM. BY ADV. SRI.R.S.KALKURA SRI.M.S.KALESH SRI.HARISH GOPINATH SRI.V.VINAY MENON SRI.M.AJAY (IRUMPANAM) RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI. S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tga M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.2562 OF 2009 ------------------------------------------ Dated 24th September 2009 O R D E R Petitioner is the de facto complainant in C.C.1148/2003 on the file of Judicial First Class Magistrate-II, Kottarakkara. Under Annexure-A1 order dated 16/7/2007, in the petition filed by the petitioner for further investigation, learned Magistrate ordered further investigation. Thereafter, petitioner filed Crl.M.C.1230/2008 contending that no effective further investigation was conducted. As per Annexure-A3 order dated 17/9/2008 this court, in spite of the submission of the learned Public Prosecutor that further investigation is in progress, directed the investigating officer to complete further investigation and file further report before the concerned Magistrate within three months from 17/9/2008. This petition is filed under Section 482 of Code of Criminal Procedure contending that in spite of CRMC 2562/09 2 Annexure-A3 order no effective further investigation was conducted. According to the petitioner forged documents were not seized and were not sent for examination and in such circumstances, a direction is to be issued to transfer the investigation to Crime Branch Wing of State Police. 2. Learned counsel appearing for petitioner and learned Public Prosecutor were heard. 3. Learned Public Prosecutor on going through the case diary did not dispute the fact. Original of the alleged forged document was not seized and effective further investigation was not conducted. In such circumstances, I find that no purpose will be served by continuing the further investigation by the same investigating officer. Interest of justice warrants that further investigation is to be conducted effectively and for that the investigating agency is to be changed. 4. Petition is disposed directing. Director General of Police to hand over further investigation of the case ordered under Annexure-A1 order in C.C.1148/2003 on the file of Judicial First Class Magistrate-II, Kottarakkara to Crime Branch, with a CRMC 2562/09 3 direction to conduct further investigation effectively and expeditiously. M.SASIDHARAN NAMBIAR, JUDGE. uj.