IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 8TH OCTOBER 2010 / 16TH ASWINA 1932 Crl.MC.No. 3791 of 2010() ------------------------------------- CMP.8746/2009 of JUDL.MAGISTRATE OF FIRST CLASS COURT-II, CHERTHALA .................... PETITIONER(S): ----------------------- ANANDAKUTTAN, AGED 52 YEARS, S/O.VASUDEVAN, VADAKKEPUTHANPURAYIL, POLASSERY, VAIKOM, KOTTAYAM DISTRICT. BY ADV. SRI.A.T.ANILKUMAR, SMT.V.SHYLAJA. RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-31. 2. THE DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM-01. 3. CIRCLE INSPECTOR OF POLICE, MARARIKULAM POLICE STATION, ALLEPPEY, PIN-688 525. 4. S.I. OF POLICE, MUHAMMA POLICE STATION, ALLEPPEY, PIN-688 525. 5. SREEJITH, S/O. RAVEENDRAN PILLAI, VENKUNNUTHRIKKETHIL, PAVITHRESWARAM, P/W-X1, KAITHAKKODU P.O., PAVITHRESWARAM VILLAGE, KOTTARAKKARA TALUK, KOLLAM DISTRICT, PIN-691 535. R1 TO R4 BY PUBLIC PROSECUTOR MR.P.A. SALIM. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.3791 OF 2010 --------------------------------------------- Dated 8th October, 2010 O R D E R On 12/9/2009 at about 5.15 p.m while petitioner was riding the scooter with his wife Omanaas the pillion rider, a tipper lorry dashed against the scooter and caused the death of Omana. Crime No.228/2209 of Muhamma Police Station was registered for the offence under Section 304 of Indian Penal Code. Petitioner filed C.M.P.8746/2009 before Judicial First Class Magistrate' Court-II, Cherthala under Section 156(3) of Code of Criminal Procedure for giving necessary directions to conduct proper investigation. By Annexure-B order dated 11/2/2010, learned Magistrate gave certain directions and Crmc 3791/10 2 directed the Investigating Officer to file a final report, as early as possible. This petition is filed under Section 482 of Code of Criminal Procedure contending that final report has not been submitted and no proper investigation is being conducted. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. Argument of the learned counsel is that in spite of Annexure-B order, no proper investigation is conducted and in such circumstances, a direction is to be issued to submit a final report within a time frame. 4. Learned Public Prosecutor on instructions submitted that the case is being investigated and subsequently, the investigation was handed over to the Circle Crmc 3791/10 3 Inspector of Police, Mararikulam and present Circle Inspector is investigating the case from 31/7/2010 and investigation would be completed as early as possible. 5. Case was originally being investigated by Sub Inspector. Subsequent to Annexure-B order, Circle Inspector has taken over the investigation. It is not in the interest of justice to fix a time frame as sought for. Circle Inspector of Police, Mararikulam is directed to complete the investigation, as expeditiously as possible and file a final report before the learned Magistrate. Petition is disposed. M.SASIDHARAN NAMBIAR, JUDGE. uj.