IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 23RD JANUARY 2008 / 3RD MAGHA 1929 Crl.MC.No. 469 of 2004() ------------------------ AGAINST THE ORDER DATED 10/02/2004 IN CMP.127/2004 IN CC.254/2001 of JUDL.MAGISTRATE OF FIRST CLASS, PERAMBRA .................... PETITIONER(S): RESPONDENTS 2 AND 3. ----------------------------------- 1. JOSEPH C.J. AGED 63 YEARS, S/O.LATE JOSEPH,CHERIYAMPURATHU HOUSE, CHAKKITTAPPARA P.O. CHAKKITTAPPARA DESOM AND AMSOM PILLAPPERUVANNA, KOYILANDY TALUK, KOZHIKODE DISTRICT. 2. BIJU JOSEPH, AGED 30 YEARS, S/O.C.J.JOSEPH, CHERIYAMPURATHU HOUSE, CHAKKITTAPPARA P.O. CHAKITTAPPARA DESOM AND AMSOM, PILLAPERUVANNA, KOYILANDY TALUK, KOZHIKODE DISTRICT. BY ADV. SRI.TPM.IBRAHIM KHAN RESPONDENT(S): 1 ---------------- 1. DEVASSIA, S/O.FRANCIS, CHANGAROTH AMSOM, KOYILANDY TALUK. 2. THE STATION HOUSE OFFICER, KOORACHUNDU POLICE STATION, KOORACHUNDU. ADV. SRI.M.S.MANIKANDAN FOR R1 R2 BY PUBLIC PROSECUTOR SRI.K.C.SANTHOSH KUMAR THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 23/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------ Crl.M.C.No. 469 of 2004 ------------------------------------ Dated this the 23rd day of January, 2008 ORDER This petition is filed challenging the order passed by the Judicial First Class Magistrate Court-I, in directing the police to conduct further investigation under Section 173(8) of Code of Criminal Procedure (Cr.P.C). 2. A charge-sheet was filed against the petitioners for offences punishable under Sections 406 and 420, read with Section 34 of I.P.C. As per the allegations in the charge, the petitioner obtained Rs.13,00,000/- belonging to certain witnesses, by dishonestly misappropriating the sale proceeds of the rubber entrusted by the witness to him etc. On filing of a report under Section 173(2) Cr.P.C, the trial court took cognizance of the said offences against petitioners and proceeded with the