IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 23RD JANUARY 2008 / 3RD MAGHA 1929 Crl.MC.No. 3791 of 2007() ------------------------- CC.2903/2005 of JUDL.MAGISTRATE OF FIRST CLASS-I, ERNAKULAM CRIME NO. 165/2005 of TOWN NORTH POLICE STATION, ERNAKULAM. .................... PETITIONER: ------------ K. SANKARA MENON ALIAS K.S.MENON, ADVOCATE, KOCHI-18. BY ADV. SRI.KASHA K.MALAYAN RESPONDENTS: ------------- 1. SUB INSPECTOR OF POLICE, ERNAKULAM TOWN NORTH, KOCHI-18. 2. PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI. M.S. BREEZE, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== CRL.M.C. No. 3791 of 2007 ========================== Dated this the 23rd day of January, 2008. ORDER In this petition filed under Section 482 Cr.P.C., the petitioner, who is an advocate by profession seeks the 1st respondent, the Sub Inspector of Police, Ernakulam Town North Police Station to comply with the directions contained in Annexure A to C orders passed by the Judicial First Class Magistrate-I, Ernakulam directing him to conduct further investigation in the case. 2. On the complaint lodged by the petitioner before the Ernakulam Town North Police Station an FIR was registered as Crime No. 165/2005 for offences punishable under Sections 381, 406, 420, 468 and 471 IPC. The petitioner's case is that his former driver by name Jomon had betrayed the confidence reposed on him by misusing the cheque leaves from the cheque book entrusted to him by the petitioner. 3. Even though the Sub Inspector charge sheeted the said Jomon, his accomplice one Girish was not charge sheeted and neither the money misappropriated by the driver nor the jewels and other movables purchased with this money so misappropriated, were seized by the Sub Inspector. It was under these circumstances that the CRL. M.C. No. 3791/2007 : 2: petitioner prayed for further investigation of the case and notwithstanding the three orders passed by the learned Magistrate the 1st respondent have been insensitive to the valid directions issued by the Magistrate. Hence, this petition. 4. Having regard to the tardy nature of the investigation conducted by the 1st respondent who has demonstrated his lethargy in the matter, I am of the view that the investigation should be entrusted with a higher level officer. Accordingly, the investigation in crime No. 165/2005 of Town North Police Station, Ernakulam shall be taken over by the Circle Inspector of Police, Town North Police Station, Ernakulam forthwith. He shall commence the investigation without any further delay and complete the same expeditiously and at any rate within two months of commencement of the investigation. This Crl. M.C is disposed of as above. Issue copy to the Public Prosecutor. V. RAMKUMAR, JUDGE. rv CRL. M.C. No. 3791/2007 : 3: