IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 8TH JUNE 2009 / 18TH JYAISHTA 1931 Crl.Rev.Pet.No. 543 of 2009() ----------------------------- CRA.1146/2003 of ADDL.DISTRICT & SESSIONS JUDGE (ADHOC-III, N. PARAVUR CC.510/2000 of JUDL.MAGISTRATE OF FIRST CLASS-I, ALUVA .................... REVN. PETITIONER(S)/APPELLANT/ACCUSED: --------------------- HAREESH, S/O.KUMARAN, KADAVATH HOUSE NEAR POLICE QUARTERS, KANJIRAKKAT KARA PERUMBAVOOR, ERNAKULAM DISTRICT. BY ADV. DR.K.P.SATHEESAN SRI.K.K.GOPINATHAN NAIR SRI.M.R.JAYAPRASAD SRI.P.MOHANDAS (ERNAKULAM) RESPONDENT(S)/RESPONDENTS/STATE AND COMPLAINANT: --------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE CHENGAMANAD POLICE STATION, ALUVA, ERNAKULAM DISTRICT. PUBLIC PROSECUTOR SHRI RAVINDRA BABU THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 08/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Crl.R.P.No.543 of 2009 -------------------------------------- Dated this the 8th day of June, 2009. ORDER Heard counsel for petitioner and the Public Prosecutor. 2. This revision is at the instance of the accused in challenge of the remand ordered by the appellate court in a prosecution for offences punishable under Sections 279, 337, 338 and 304 A of the Indian Penal Code (for short, “the Code”). Charge is that on 1.8.1999 at about 4 p.m. petitioner drove a K.S.R.T.C. bus along Angamaly-Aluva national highway from south to north in a rash and negligent manner so as to endanger human life, caused that bus hit a car resulting in injury to the passengers of the car of whom one succumbed to it. PW15, Sub Inspector registered the case against the petitioner, investigated and filed final report. Prosecution examined PWs 1 to 15 and marked Exts.P1 to P10. Petitioner was found guilty and convicted of all the charges levelled against him. He was sentenced to undergo imprisonment for various periods except for offence punishable under Section 337 of the Code for which no separate sentence was awarded. Petitioner challenged that conviction and sentence in appeal. Learned Additional Sessions Judge(Adhoc-III), North Paravur as per judgment dated 4.11.2008 set aside the conviction and sentence but remanded the case to the trial court as some of the materials witnesses for the prosecution including some of the medical officers who had issued the Crl.R.P.No.543/2009 2 wound certificate or postmortem certificate as the case may be and the Motor Vehicle Inspector who inspected the vehicles and prepared report were not examined. 3. Grievance of the petitioner is that PW15 who registered case has himself investigated the case. He being the complainant ought not and could not to have conducted the investigation. According to the learned counsel, an officer superior to PW15 ought to have conducted the investigation. 4. This Court has held in Kader v. State of Kerala (2001 (2) KLT 407) though in connection with offences punishable under the Narcotic Drugs and Psychotropic Substances Act that there is nothing illegal in a detecting officer himself investigating the case and submitting final report. There is no law or other authoritative pronouncement to the effect that the officer registering the case should not investigate and submit final report. According to the learned counsel, investigation by the very same officer who registered the case would result in prejudice to the petitioner. That however is a matter to be decided on evidence. The judgment of the appellate court remanding the case is not otherwise challenged before me. I do not find reason to interfere with the judgment under challenge. Crl.R.P.No.543/2009 3 Resultantly, this revision petition is dismissed making it clear that the question of prejudice raised by the petitioner could be urged in the trial court at the appropriate stage. Trial court is directed to expedite the trial and disposal of the case. Petitioner shall appear in the trial court on 30.6.2009. Registry is directed to send the records to the trial court forthwith. Crl.M.P.No.1661 of 2009 will stand dismissed. THOMAS P.JOSEPH, Judge. cks