IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 1ST JULY 2010 / 10TH ASHADHA 1932 Crl.MC.No. 2421 of 2010() ------------------------- AGAINST THE ORDER DATED 24/08/2009 IN CMP.2011/2009 IN CC.2458/2009 of ADDL.CHIEF JUDICIAL MAGISTRATE, ERNAKULAM .................... PETITIONER(S): ----------- MANI, W/O.CHATHAPPAN, BHASKARAN COLONY, IRIMPANAM P.O., THRIPUNITHURA, ERNAKULAM. BY ADV. SRI.S.RAJEEV RESPONDENT(S): --------------- 1. STATE OF KERALA,REP. BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM, (CRIME NO.2249/2009 OF CITY TRAFFIC POLICE STATION EAST,THRIPUNITHURA,NOW PENDING AS CC NO.2458/2009 BEFORE ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT, ERNAKULAM). 2. CITY COMMISSIONER OF POLICE, COMMISSIONER'S OFFICE, ERNAKULAM. PUBLIC PROSECUTOR SRI. C.S. HRITHICK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.M.C. No. 2421 of 2010 * * * * * * * * * * * * * * * * * * Dated: 1st day of July, 2010 ORDER The petitioner who is the mother of one Santhosh who had succumbed to the fatal injuries sustained by him on 10-03-2009 filed C.M.P. No. 2011 of 2009 before the ACJM, Ernakulam seeking further investigation of the case. Consequent on the death of Santhosh the City Traffic Police, East, Tripunithura had registered a case as Crime No. 2249 of 2009 for offences punishable under Sections 279, 338 and 304 (A) I.P.C. The petitioner thereupon submitted representation before the Inspector General of Police as well as the City Police Commissioner stating that, this was not a road traffic accident but a planned murder at the instance of one Lotto Sunil and seeking a direction for further investigation. The said application has been dismissed by the Addl. Chief Judicial Magistrate (before whom the case is Crl.M.C. No. 2421 of 2010 -2- pending as C.C. 2458 of 2009) on the ground that going by the petitioners grievance it is a de no vo investigation and not a further investigation which is required. It is the said order which is assailed in this Writ Petition. The view taken by the learned Magistrate is not correct. It is only through further investigation under Section 173 (8) can the police unearth the real offences and nab the real culprits if the allegations of the petitioner are true. Hence the order dated 24- 08-2009 passed by the Addl. Chief Judicial Magistrate in C.C. No. 2458 of 2009 is set aside and C.M.P. No. 2011 of 2009 will stand allowed. The case shall be investigated by the Circile Inspector of Police, Tripunithura under the supervision of the Assistant Commissioner, Thrikkakkara. This M.C. is allowed as above. V. RAMKUMAR, (JUDGE) Crl.M.C. No. 2421 of 2010 -2- ani.