IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 20TH DECEMBER 2011 / 29TH AGRAHAYANA 1933 Crl.MC.No. 4093 of 2011() ------------------------- CMP.1469/2009 of JUDL.MAGISTRATE OF FIRST CLASS-I, ERNAKULAM .................... PETITIONER ------------------ DR.VENUGOPAL B.MENON, S/O.N.B.MENON, AGED 52 YEARS, FLAT NO.31, J M APARTMENTS, VADUTHALA, KOCHI-23. BY ADV. SRI.K.R.RANJITH RESPONDENT -------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. NOUSHAD THOTTATHIL THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: dlk Crl.MC.No. 4093 of 2011() APPENDIX PETITIONER(S) EXHIBITS ANNEXURE 1 PHOTO COPY OF THE ORDER IN MP.1469/2009. ANNEXURE 2 COPY OF THE CRIMINAL MP. NO.2899/2010. RESPONDENTS' EXHIBITS : NIL //TRUE COPY// P.A. TO JUDGE. dlk N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.4093 of 2011 ----------------------------------- Dated this the 20th day of December 2011 O R D E R Petitioner is the de facto complainant in Crime No.294/2008 of Ernakulam Town North Police Station. He has alleged commission of offences under Secs.420, 468 and 471 against the accused mentioned therein. After conducting investigation, final report was filed. The complainant was not satisfied with the investigation conducted. He sought a further investigation to be conducted in the matter. Though the first application filed by him was considered and further investigation was ordered by the court below, according to the petitioner, in fact no further investigation was conducted but the earlier report was again submitted. Being aggrieved by the 2nd report, the petitioner again filed a petition seeking further investigation as Annexure 2. Learned counsel submits that Crl.M.C. No.4093 of 2011 -: 2 :- the said petition was filed more than one year ago but the learned Magistrate has not passed any order on that application. According to the learned counsel, unless further investigation is conducted at the earliest, the evidence that can be obtained by conducting such further investigation may be lost. Considering all the aspects, this Crl.M.C. is disposed of with a direction to the learned Magistrate to pass appropriate orders on Annexure 2 petition, if no order has yet been passed. If the petition is still pending it shall be disposed of within three weeks from the date of receipt of a copy of this order. N.K.BALAKRISHNAN, JUDGE. Jvt