IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 24TH MARCH 2011 / 3RD CHAITHRA 1933 Crl.MC.No. 586 of 2011() ----------------------------------- CC.252/2009 of CHIEF JUDICIAL MAGISTRATE, ERNAKULAM CRIME NO.1349/2008 OF KADAVANTHARA POLICE STATION .................... PETITIONER(S): DEFACTO COMPLAINANT -------------------------------------------------------------- REJI.A.GEORGE, AGED 51, S/O.A.P.GEORGE, 40/3888, MUSLIM STREET, COCHIN-35. BY ADV. SRI.R.BINDU (SASTHAMANGALAM) SRI.PRASANTH M.P RESPONDENT(S): ACCUSED AND STATE ------------------------------------------------------------ 1. THOMAS GEORGE, S/O.K.M.GEORGE, KUZHIVELIL HOUSE, ELAMAKKARA P.O., ERNAKULAM, NOW RESIDING AT PLOT NO.56, GANDHI NAGAR COLONY, DOOR NO.C.C.38/1896, KADAVANTHARA-KOCHI. 2. P.F.THOMAS, S/O.R.F.FEDERICK, ROZARI HOUSE, NEAR APOLLO ROAD, PALARIVATTOM, THAMMANAM. 3. SUB INSPECTOR OF POLICE, KADAVANTHARA POLICE STATION, ERNAKULAM. 4. THE COMMISSIONER OF POLICE, COCHIN CITY, ERNAKULAM. 5. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 & R2 BY ADV. SRI.V.RAJENDRAN (PERUMBAVOOR) SRI.GEORGE VARGHESE KIZHAKKAMBALAM R3 TO R5 BY PUBLIC PROSECUTOR SRI.K.J.MOHAMMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.586 of 2011 --------------------------------------- Dated this 24th day of March, 2011 ORDER This case is for a direction to the fourth respondent or other superior officer to conduct further investigation as prayed for by petitioner in Crl.M.P.No.1376 of 2010 filed in C.C.No.252 of 2009 of the Court of learned Chief Judicial Magistrate, Ernakulam. According to the petitioner, respondent Nos.1 and 3 cheated him by entering into an agreement for sale of property and obtaining Rs.Fifteen Lakhs as advance without disclosing that the property was under attachment. Petitioner approached this Court with W.P (C).No.33877 of 2009 for a direction for further investigation. But that writ petition was disposed of as per judgment dated December 14, 2009 in the light of submission made by the learned Government Pleader that after investigation the police has submitted a final report and granting liberty to the petitioner to seek appropriate remedy (before the learned Chief Judicial Magistrate). According to the petitioner, thereafter petitioner filed Annexure-VI, petition C.M.P.No.1376 of 2010 seeking reinvestigation of the case. Learned counsel submitted that learned Chief Judicial Magistrate has not disposed of the said Crl.M.C.No.586 of 2011 -: 2 :- petition. 2. On that submission a report was called for from learned Chief Judicial Magistrate, Ernakulam. Learned Chief Judicial Magistrate in the letter dated March 07, 2011 has reported that C.M.P.No.10276 of 2009 is pending in that Court and that pendancy of that petition was not brought to the notice of learned Chief Judicial Magistrate. 3. I have heard learned Public Prosecutor also. Learned counsel submitted that Annexure-VI, petition (C.M.P.No.1376 of 2010) is also pending before learned Chief Judicial Magistrate. Learned counsel seeks further investigation of the case by the present incumbent in the office of the investigating officer and submit a further report. That is a matter which learned Chief Judicial Magistrate can decide under Sec.173(8) of the Code of Criminal Procedure. Resultantly this petition is disposed of directing the learned Chief Judicial Magistrate to dispose of C.M.P.No.10276 of 2009 and Annexure-VI, petition (C.M.P.No.1376 of 2010), if those petitions are not already disposed of as provided under law. If petitioner is aggrieved by the order that learned Chief Judicial Magistrate passes, it is open to him to challenge such order. Trial Crl.M.C.No.586 of 2011 -: 3 :- of C.C.No.252 of 2010 shall stand adjourned until learned Chief Judicial Magistrate passes appropriate orders on the said petition and in case further investigation is ordered, till further report is filed in the case. (THOMAS P JOSEPH, JUDGE) Sbna/-