IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 22ND JANUARY 2008 / 2ND MAGHA 1929 WP(C).No. 34385 of 2007(R) -------------------------- PETITIONER: SAMUEL GEORGE, AGED 50 YEARS, S/O.SAMUEL, KIZHAKKE ATTATHU VEEDU, VETTIYAR MURI, VETTIYAR VILLAGE. BY ADV. SRI.S.MOHANAN RESPONDENTS: 1. THE SUPERINTENDENT OF POLICE, ALAPPUZHA. 2. THE DEPUTY SUPERINTENDENT OF POLICE, CHENGANNUR. *ADDL.2 RESPONDENT. RADHAMONY, AGED 33YEARS, W/O.SATHEESH, KAKKNATTU VADAKKETHIL, VETTIYAR VILLAGE, MAVELIKKARA, ALAPPUZHA. 3. THE CIRCLE INSPECTOR OF POLICE, MAVELIKKARA. 4. THE SUB INSPECTOR OF POLICE, KURATHIKAD. * IMPLEADED AS PER ORDER DATED 22.1.08 IN I.A.NO.1142/08 BY ADV. SMT.A.SALINI LAL PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.RAMKUMAR, J = = = = = = = = = = = = = W.P.(C). No. 34385 Of 2007 = = = = = = = = = = = = = = Dated this the 22nd day of January, 2008 JUDGMENT In this writ petition filed under Article 226 of the Constitution of India, the petitioner (husband of the de facto complainant), who is the accused in Crime No.220/2006 of the Kurathikad Police Station, for an offence punishable under Section 436 IPC, seeks a direction to the Superintendent of Police, Alappuzha, 1st respondent, to conduct a fresh investigation into the said crime. 2. According to the petitioner, the investigation conducted by the Circle Inspector of Police, Mavelikkara (3rd respondent) is a one sided and partisan and there is no material to suggest that the offence alleged against the petitioner was committed by him. 3. It is too early to consider the merits of the contentions of the petitioner. Suffice it to say that, the allegations in the final report filed by the 3rd respondent under Section 173(2) Cr.P.C does, prima facie, make out an offence punishable under Section 436 IPC against the petitioner. It cannot be said, at this stage of the proceedings, that the investigation which was conducted by W.P.C.No. 34385 of 2007 2 the 3rd respondent was one sided and partisan. The petitioner can raise all the contentions available to him in law, when the matter is taken up for preliminary hearing by the concerned Sessions Court under Section 227 Cr.P.C. The case is now pending before the J.F.C.M, Mavelikkara as C.P.No.30/2007. Reserving the above remedy of the petitioner, this writ petition is disposed of. (V.RAMKUMAR, JUDGE) sj