IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 26TH MAY 2008 / 5TH JYAISHTA 1930 Crl.MC.No. 1757 of 2008() ------------------------- CRIME NO.110/2006 OF CBCID KOZHIKODE .................... PETITIONER: ACCUSED NO.2 ------------------------ ABDUL NAZAR, S/O.ABU, AGED 31 YEARS, VALIYADATH VEEDU, NALLUR AMSOM, FEROKE DESOM, KOZHIKODE TALUK. BY ADV. SRI.K.M.JAMALUDHEEN SMT.LATHA PRABHAKARAN RESPONDENTS: COMPLAINANT AND STATE ---------------------------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. M/S.RELIANCE INDIA COMMUNICATIONS PRIVATE LIMITED, REP. BY ITS MANAGING DIRECTOR, AVDESH HOUSE, 3RD FLOOR, PRITAM NAGAR, IST SLOPE, ELLIS BRIDGE, AHMEDABAD-380006. BY PUBLIC PROSECUTOR SRI.K.C.SANTHOSH KUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.1757 of 2008 ---------------------------------------- Dated this the 26th day of May 2008 O R D E R Annexure 2 crime was registered by the Feroke police raising allegations inter alia under Section 420 I.P.C and Sections 4 and 20 of Indian Telegraph Act. In that, the petitioner has not been shown as an accused. Later, by Annexure 5, the petitioner and another are arrayed as accused 2 and 3. The petitioner has already surrendered and has been enlarged on bail. Investigation is in progress. 2. According to the petitioner, the allegations raised against him are all unjustified and not sustainable. He therefore prays that powers under Section 482 Cr.P.C may be invoked to bring to premature termination the proceedings initiated under Annexure 2 F.I.R. The said F.I.R has now been transferred for investigation to the CBCID and the CBCID is conducting the investigation, it is submitted. 3. The learned Public Prosecutor, after taking instructions, reports that the investigation is in progress. Investigators have unearthed materials against the petitioner. investigation may not be prematurely terminated at this stage. The learned Public Prosecutor submits that a further time of two months may be granted to the investigating officers to complete the investigation. The petitioner having already been enlarged on bail. I find that Crl.M.C.No.1757/08 2 there is absolutely no compelling reason to invoke the extraordinary inherent jurisdiction under Section 482 Cr.P.C. I shall carefully avoid any expression of opinion on merits about the acceptability of the allegations against the petitioner. Suffice it to say that I am not persuaded to agree that there is any reason to prematurely terminate the investigation into the crime at the moment. Investigators can be granted reasonable time to complete the investigation and if the final report is filed finally against the petitioner, the petitioner's option to challenge the final report can be maintained. 4. This petition is in these circumstances dismissed accepting the submissions of the learned Public Prosecutor that investigation shall be completed and the final report shall be filed expeditiously - within a period of two months at any rate. I make it clear that if the final report is not filed within a period of three months, the petitioner's option to approach this court again shall remain. It is further clarified that the dismissal of this Criminal Miscellaneous Case will not in any way fetter the rights of the petitioner to challenge the final report if the same be filed raising allegations against the petitioner. (R.BASANT, JUDGE) jsr Crl.M.C.No.1757/08 3 Crl.M.C.No.1757/08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007