IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 6TH AUGUST 2008 / 15TH SRAVANA 1930 Crl.Rev.Pet.No. 2520 of 2008() ------------------------------ AGAINST THE ORDER IN CRMP 5744/07 IN CC.1090/2004 of JUDL.MAGISTRATE OF FIRST CLASS COURT, THIRUVALLA .................... REVN. PETITIONER: ------------------ AMBIKA @ PRIYANKA, D/O AMBUJAKSHI, SAI KRIPA, NEAR EDAPPALLY GANAPATHI TEMPLE, EDAPPALLY VILLAGE,KANAYANNUR TALUK, ERNAKULAM. BY ADV. SRI.S.SREEKUMAR SRI.S.VAIDYANATHAN RESPONDENTS: ------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.C.M. NAZAR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 06/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.R.P. NO. 2520 of 2008 * * * * * * * * * * * * * * * * * * Dated: 6th day of August 2008 ORDER Petitioner who claims herself to be a film actress and who is the accused in Crime No. 103 of 2004 of Thiruvalla Police Station and now pending as C.C. No. 1090 of 2004 on the file of the J.F.C.M., Thiruvalla for offences punishable under Sections 384, 419 and 420 I.P.C. challenges the order dated 8-5-2008 passed by the said Magistrate ordering further investigation under Sec. 173 (8) Cr.P.C. 2. The de facto complainant (Padmakumari) in the case is the mother of another film actress by name Kaveri . The case of the prosecution is that some time between 7-12-2004 and 10-2-2004 the revision petitioner had contacted the de facto complainant as well as her daughter through mobile phone demanding a sum of Rs. 1,00,000/- for not publishing defamatory news items in Crime Weekly. The amount was demanded for allegedly giving the the same to the Chief Editor of the said weekly. The further prosecution case is that on 10-2-2004, Padmakumari/the de facto complainant, the mother of Kaveri agreed to pay the amount and when she reached in front of Prince Hotel, Alappuzaha, as per instructions of the accused and handed over a sum of Rs. 5,000/- to the accused misrepresenting that it was a bundle of currency note containing Rs. 1,00,000, the accused committed extortion, impersonation and cheating. 3. After the commencement of the trial, the de facto complainant Padmakumari filed C.M.P. No. 5744 of 2007 before the Crl.R.P. 2520 of 2008 -:2:- learned Magistrate seeking a direction for further investigation under Sec. 174 Cr.P.C. on the allegation that the police had not collected the call details of the mobile phone of the accused and C.W.2 (Kaveri) and that the tape recorded conversation was not sent for expert opinion. Padmakumari alleged that she was in possession of the original audio casset containing the conversation of the accused demanding the amount from her and that the said audio casset was to be sent for audition test. 4. The said application was resisted by the revision petitioner contending inter alia that the civil court in a civil suit between the parties had refused to accept the tape recorded conversation and that what is sought to be produced was only a copy of the alleged conversation which was inadmissible in evidence. 5. The learned Magistrate after hearing both sides allowed the prayer. Hence this Revision. All that the court below has ordered is only further investigation under Sec. 173 (8) Cr.P.C. The question of admissibility as well as the probative value of the alleged tape recorded conversation etc. are all matters which can be considered by the court at the time of admitting the same in evidence during trial. I, therefore, do not find any good ground to interfere with the said order which is accordingly upheld. The observations and findings in the order on the merits of the case shall not influence the investigating agency or the trial court in case the revision petitioner is placed on trial by the supplementary final report to be filed hereafter. This revision is accordingly dismissed. Dated this the 6th day of August 2008. V. RAMKUMAR, (JUDGE) ani. Crl.R.P. 2520 of 2008 -:3:-