IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 5TH JANUARY 2009 / 15TH POUSHA 1930 Crl.MC.No. 4797 of 2008() ------------------------- AGAINST THE ORDER IN CRMP 492/2008 IN SC.175/2008 OF ADDL. DISTRICT AND SESSIONS JUDGE, (ADHOC-III), N. PARAVUR .................... PETITIONER(S): COUNTER PETITIONER/ ACCUSED ------------------------------------------ RADHAKRISHNAN, AGED 42, S/O.,MANIKYAN, NADUTHARAKARA, KUNATHUR VILLAGE, ALATHUR TALUK, PALAKKAD, NOW RESIDING AT VELLICHAPPATTU(H), POIKKATTUSSERY, NEDUMBASSERY. BY ADV. SRI.P.V.GEORGE(PUTHIYIDAM) RESPONDENT(S): PETITIONER/ COMPLAINANT -------------------------------------- STATE OF KERALA,(CIRCLE INSPECTOR OF POLICE,CHENGAMANAD POLICE STATION),REPRESENTED 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 05/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 4797 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 5th day of January, 2009 O R D E R The petitioner faces indictment in a prosecution for offences punishable under Sections 376 and 313 I.P.C. Investigation was complete. Final report was filed. Cognizance was taken. Committal proceedings was registered. The case was committed to the Court of Sessions. Sessions Case was registered. Arguments were raised claiming discharge under Section 227 Cr.P.C. and thereupon the Investigating Officer filed an application under Section 173(8) Cr.P.C. The learned Magistrate considered such application and allowed the same and directed conduct of further investigation under Section 173(8) Cr.P.C. That order dt. 10.10.08 is challenged before me in this application under Section 482 Cr.P.C. 2. The learned Prosecutor submits that this petition is totally superfluous, infructuous and unnecessary. Further Crl.M.C.No. 4797 of 2008 2 investigation has already been conducted and further final report has already been filed on 6.12.2008. This petition is filed thereafter on 10.12.2008. 3. I find merit in the objections of the Prosecutor. I am, in these circumstances, satisfied that this petition has become infructuous and unnecessary. 4. This Crl.M.C. is dismissed. But I make it clear that the dismissal of this petition will not in any way fetter the rights of the petitioner to claim discharge under Section 227 Cr.P.C. and when such a plea is raised, the learned Sessions Judge must consider the same and take appropriate decision. (R. BASANT) Judge tm