IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 9TH JANUARY 2008 / 19TH POUSHA 1929 WP(C).No. 37009 of 2007(E) -------------------------- CC.374/2006 of J.F.C.M,NEDUMKANDOM CRIME NO. 39/2006 of CUMBUMMETTU POLICE STATION .................... PETITIONERS: 1. JOMON, S/O.VARGHESE, PERANGATTU HOUSE, MANTHIPARA, KARUNAPURAM, IDUKKI. 2. SOMARAJAN, S/O.KUNJU PILLAI, PALAKUZHAMANNIL HOUSE, MANTHIPARA, KARUNAPURAM, IDUKKI. 3. MATHUKUTTY @ MEENKUNJU, S/O.DEVASSYA, EDAYATTIL HOUSE, MANTHIPARA, KARUNAPURAM, IDUKKI. BY ADV. SRI.M.J.THOMAS RESPONDENTS: 1. THE DISTRICT SUPERINTENDENT OF POLICE, IDUKKI. 2. THE CIRCLE INSPECTOR OF POLICE, KATTAPPANA. 3. THE CIRCLE INSPECTOR OF POLICE, NEDUMKANDAM. 4. THE SUB INSPECTOR OF POLICE, KUMBUMMETTU, IDUKKI. BY ADV. SRI. C.M. NAZAR, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/01/2008, ALONG WITH W.P.(C) NO. 37075/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO. 37009/2007 : 2 : APPENDIX PETITIONERS' EXHIBITS:- EXT.P1: TRUE COPY OF THE CHARGE SHEET IN C.C. NO. 374/2006 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, NEDUMKANDAM. EXT.P2: TRUE COPY OF THE STATEMENT GIVEN BY THE 1ST PETITIONER WHILE QUESTIONING DURING INVESTIGATION. EXT.P3: TRUE COPY OF THE STATEMENT GIVEN BY THE 2ND PETITIONER WHILE QUESTIONING DURING INVESTIGATION. EXT.P4: TRUE COPY OF THE STATEMENT GIVEN BY THE 3RD PETITIONER WHILE QUESTIONING DURING INVESTIGATION. EXT.P5: TRUE COPY OF THE NOTICE RECEIVED BY THE PETITIONER. /True Copy/ P.A to Judge. V. RAMKUMAR , J. ========================== W.P.(C). Nos. 37009 & 37075 of 2007 ========================== Dated this the 9th day of January, 2008. JUDGMENT The petitioner in W.P.(C) No. 37075 is the de facto complainant and the petitioners in W.P.(C) No. 37009/2007 are charge witness Nos. 2 to 4 in crime No. 39/2006 of Cumbummettu Police Station for offences punishable under Sections 341, 294(b), 323 and 506(ii) r/w Section 34 IPC and now pending before the Judicial First Class Magistrate, Nedumkandam as C.C. No. 374/2006. They seek a direction to the District Superintendent of Police, Idukki, Circle Inspector of Police, Kattappana, Circle Inspector of Police, Nedumkandam and Sub Inspector of Police, Cumbummettu, to question the petitioner under Section 160 Cr.P.C in the course of re-investigation of the above crime in the presence of the petitioners' counsel. 2. The learned counsel for the petitioners submitted that further investigation in the case is being conducted without taking formal permission from the JFCM, Nedumkandam. The learned Government Pleader has made available to me the file W.P.(C). Nos. 37009 & 37075 of 2007 : 2 : which disclose that on 03.08.2007 the learned Magistrate has accorded the sanction for further investigation under Section 173 (8) Cr.P.C to the Deputy Superintendent of Police, Kattappana in crime No. 39/2006 of Cumbummettu Police Station. Therefore, the assumption made by the petitioners that further investigation is being conducted without seeking formal permission from the court, is not correct. Ext.P3 shows that four persons have been charge sheeted by the police for the aforementioned offences. It is made clear that further investigation shall be conducted in a fair and impartial manner and shall not be misused for the purpose of jettisoning justice. With the above direction, this writ petition is disposed of. V. RAMKUMAR, JUDGE. rv W.P.(C). Nos. 37009 & 37075 of 2007 : 3 :