IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 14TH SEPTEMBER 2009 / 23RD BHADRA 1931 Crl.MC.No. 1738 of 2009() ------------------------------------ CC.500/2008 of JUDL.MAGISTRATE OF FIRST CLASS COURT-I, KANNUR .................... PETITIONER-ACCUSED --------------------------------- DR. S.C.BANTWAL, SON OF DR. C.K.BANTWAL, CONSULTANT NEURO SURGEON, PALLIKKUNNU, KANNUR DISTRICT. BY ADV. MR.M.RAMESH CHANDER SMT.K.A.SANJEETHA RESPONDENT-COMPLAINANT -------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI-31. BY PUBLIC PROSECUTOR MR.S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 14/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 1738 OF 2009 =========================== Dated this the 14th day of September,2009 ORDER Learned Government pleader submitted that in view of the defect in filing the final report without obtaining the report of an expert committee, including experts on the subject, as held by the Apex Court in Martin F.D'souza v. Mohd.Ishfaq (2009) 3 SCC page 1 Investigating Officer may be permitted to file a petition before the concerned Magistrate for further investigation under section 173(8) of Code of Criminal Procedure. In view of the submission, the Investigating Officer is permitted to approach the Magistrate under section 173(8) for permission for further investigation of the case. Recording the submission, Writ Petition is closed making it clear that learned Magistrate not to proceed with the trial before a final report is filed after further investigation. M.SASIDHARAN NAMBIAR JUDGE tpl/- 2 M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006