IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 5TH FEBRUARY 2008 / 16TH MAGHA 1929 Crl.MC.No. 469 of 2008() ------------------------ AGAINST THE ORDER DATED 06/12/2007 IN CMP 5379/2007 IN CC.382/2006 of JUDL.MAGISTRATE OF FIRST CLASS-II, THAMARASSERY .................... PETITIONER: ACCUSED -------------------------- RAJEEV, AGED 33 YEARS AKASH HOUSE, KAKKAD AMSOM, ADAMPADI KOZHIKODE. BY ADV. SMT.SREEKALA KRISHNADAS RESPONDENTS: STATE & COMPLAINANT ------------------------------------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. 2. DEPUTY SUPERINTENDENT OF POLICE THAMARASSERI. 3. ABOOBAKER, KOYA, AGED 49 YEARS S/O.MUHAMMED, PAYYADI PARAMBIL, KOODARANHI AMSOM, KOOMBARA DESOM, KOZHIKODE. BY PUBLIC PROSECUTOR, SRI.M.S. BREEZE. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ------------------------------- Crl.M.C. No. 469 OF 2008 ----------------------------------- Dated this the 5th day of February, 2008 O R D E R Petitioner who is the sole accused in CC No.382 of 2006 on the file of the Judicial First Class Magistrate Court II, Thamarassery for offences punishable under Section 498(A) IPC seeks to quash Annexure E order dt.06.12.07 passed by the Magistrate ordering further investigation under Section 173 (8) CrPC, after the commencement of the trial. 2. The petitioner is a Hindu and the deceased Sophiya was a Muslim. They had eloped and got married in the month of May 2004. Ever since August 2004, both of them were residing in the matrimonial home of the petitioner. On 15.04.06, Sophiya committed suicide by hanging in her matrimonial home allegedly due to the ill-treatment meted out to her by the petitioner. She took her life after the midnight on 15.04.2006. Her father lodged a complaint before the Mukkam police station which registered crime No.108 of 2006. Subsequently, noticing that the only offence registered against the petitioner was one punishable under Section 498(A) IPC and holding the view that no investigation has Crl.MC No. 469 of 2008 2 been conducted with regard to the actual cause of Sophiya committing suicide, the learned Magistrate on a petition filed by the father of the deceased ordered further investigation under Section 173 (8) CrPC. Ordinarily, the accused cannot assail the said order. Moreover, if he had no role to play in Sophiya committing suicide as he would contend, he need not worry about the further investigation the purpose of which is to bring out the real truth. I am sure that the police will conduct the further investigation and file a supplementary report expeditiously. The Crl.MC is dismissed. V. RAMKUMAR, JUDGE btt Crl.MC No. 469 of 2008 3