IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 13TH OCTOBER 2008 / 21ST ASWINA 1930 WP(C).No. 28425 of 2008(H) -------------------------- PETITIONER(S): --------------- DEVI, D/O KELI, CHERUMKODE HOUSE, MUNDIYAMKAVU, KOTTAYI P.O., PALAKKAD. BY ADV. SRI.M.SHAJU PURUSHOTHAMAN SRI.K.S.RAJESH RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY THE SECRETARY TO HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE D.G.P. OF POLICE, THIRUVANANTHAPURAM. 3. THE S.P. OF POLICE, PALAKKAD. 4. THE C.I. OF POLICE, ALATHUR, 5. THE S.I. OF POLICE, POLICE STATION, KOTTAYI. GOVERNMENT PLEADER SRI.S.U.NAZER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT, J. ---------------------- W.P.C.No.28425 of 2008 ---------------------------------------- Dated this the 13th day of October 2008 J U D G M E N T On information furnished by the petitioner, crime No.35/07 of Kottayi police station was registered on 05/03/2007 inter alia under Sections 454 and 380 I.P.C. While that crime was being investigated by the Kottai police, Kuzhalmandam police arrested one Mani in some other case and he in the course of interrogation allegedly made confessions. In such confession, he confessed the crime allegedly committed in crime No.35/07 of Kottayi police station. Crime No.144/07 of Kuzhalmandam police station was hence transferred to the Kottayi police station and consolidated investigation proceeded in crime No.35/07 of Kottayi police station. The petitioner has come to this court with the grievance that the said crime is not being investigated properly by the police. 2. The learned Public Prosecutor, after taking instructions, submits that the investigation is now complete and the final report has already been filed before court on 14/7/2008. W.P.C.No.28425/08 2 3. The learned counsel for the petitioner submits that the petitioner was unaware of the filing of the final report on 14/7/2008 when he preferred this writ petition on 23/9/2008. Inasmuch as the final report has already been filed, the petitioner does not seek any specific further direction in this writ petition. This writ petition is in these circumstances dismissed as agreed. 4. The learned counsel for the petitioner submits that after perusal of the final report submitted, if the petitioner wants to approach the learned Magistrate seeking appropriate orders under Section 156(3) Cr.P.C or under Section 173(8) Cr.P.C, such options may be left open. Needless to say, the dismissal of this writ petition will not in any way fetter the rights of the petitioner to approach the learned Magistrate seeking appropriate directions under Section 156(3) Cr.P.C and/or under Section 173(8) Cr.P.C. (R.BASANT, JUDGE) jsr W.P.C.No.28425/08 3 W.P.C.No.28425/08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007