IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 30TH JUNE 2009 / 9TH ASHADHA 1931 WP(C).No. 12609 of 2009(Q) ------------------------------------ PETITIONER(S): ---------------------- SHAMEER.P., S/O.MOHAMMED KOYA, AGED 32 YEARS, CHETTUKUZHIYIL HOUSE, KARANTHUR P.O., KUNNAMANGALAM, KOZHIKODE DISTRICT. BY ADV. SRI.JACOB SEBASTIAN RESPONDENT(S): ------------------------ 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTING S.I. OF POLICE, KODUVALLY POLICE STATION IN CRIME NO.96/2009. 2. FAISAL KARATT, CHAIRMAN, 31ST KOYAPPA SMARAKA ALL INDIA SEVENS FOOTBALL TOURNAMENT COMMITTEE, KODUVALLY, C/O.M/S. LIGHTENING ARTS & SPORTS CLUB, KODUVALLI, KOZHIKODE. 3. POONKUNNATH MUHAMMED, VICE CHAIRMAN, 31ST KOYAPPA SMARAKA ALL INDIA SEVENS FOOTBALL TOURNAMENT COMMITTEE, KODUVALLY, C/O.M/S. LIGHTENING ARTS & SPORTS CLUB, KODUVALLI, KOZHIKODE. 4. P.P.SHAJI, VICE CHAIRMAN, 31ST KOYAPPA SMARAKA ALL INDIA SEVENS FOOTBALL TOURNAMENT COMMITTEE, KODUVALLY, C/O.M/S. LIGHTENING ARTS & SPORTS CLUB, KODUVALLI, KOZHIKODE. WP(C) 12609/09(Q) 2 5. C.K.JALEEL, GENERAL CONVENOR, 31ST KOYAPPA SMARAKA ALL INDIA SEVENS FOOTBALL TOURNAMENT COMMITTEE, KODUVALLY, C/O.M/S. LIGHTENING ARTS & SPORTS CLUB, KODUVALLI, KOZHIKODE. 6. MUBARAK.M., CONVENOR, 31ST KOYAPPA SMARAKA ALL INDIA SEVENS FOOTBALL TOURNAMENT COMMITTEE, KODUVALLY, C/O.M/S. LIGHTENING ARTS & SPORTS CLUB, KODUVALLI, KOZHIKODE. 7. BADARUDHEEN.P.C., CONVENOR, 31ST KOYAPPA SMARAKA ALL INDIA SEVENS FOOTBALL TOURNAMENT COMMITTEE, KODUVALLY, C/O.M/S. LIGHTENING ARTS & SPORTS CLUB, KODUVALLI, KOZHIKODE. 8. KOYAPPA RAHEEM, TREASURER, 31ST KOYAPPA SMARAKA ALL INDIA SEVENS FOOTBALL TOURNAMENT COMMITTEE, KODUVALLY, C/O.M/S. LIGHTENING ARTS & SPORTS CLUB, KODUVALLI, KOZHIKODE. R1 BY PUBLIC PROSECUTOR SRI.AMJAD ALI. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. ==================== W.P.(C) No. 12609 of 2009-Q ==================== Dated this the 30th day of June, 2009. JUDGMENT This petition is filed under Articles 226 and 227 of the Constitution of India for a writ of mandamus to Judicial First Class Magistrate-I, Thamarassery to ensure that investigation in Crime No.96/2009 is properly conducted and to file a final report within a time frame. Petitioner is not entitled to such a relief as against the Magistrate. Learned Counsel appearing for the petitioner then submitted that Ext.P2 (CMP No.829/2009) is pending before the learned Magistrate and Magistrate may be directed to pass orders in the petition. 2. In view of the declaration of law by the Apex Court in Sakiri Vasu v. State of U.P. (2008 (1) KLT 724), Magistrate is competent to give necessary directions under Section 156(3) of Code of Criminal Procedure during the investigation. As Ext.P2 is reported to be pending before the learned Magistrate from March 2009, if it is not yet disposed, Magistrate is directed to dispose the same without further delay. M.SASIDHARAN NAMBIAR JUDGE dkr