IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 6TH NOVEMBER 2008 / 15TH KARTHIKA 1930 Crl.MC.No. 4071 of 2008() ------------------------- SC.611/2006 of ASSISTANT SESSIONS COURT, KATTAPPANA CRIME NO.135/02 OF VANDANMEDU POLICE STATION .................... PETITIONER(S): ACCUSED NO.12 --------------- JOHNY THOMAS AGED 57 YEARS, S/O. THOMAS VALUMANNIL VEEDU, ANAKKARYAM VILLAGE IDUKKI. BY ADV. SRI.S.RAJEEV RESPONDENT(S): --------------- STATE OF KERALA REP. BY PUBLIC PROSECUTOR HIGH COURT OF KERALA,ERNAKULAM (CRIME NO.135 OF 2002 OF VANDANMEDU POLICE STATION) BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.4071 of 2008 ------------------------------------- Dated this the 6th day of November, 2008 ORDER Petitioner is the 12th accused in S.C.No.611 of 2006 pending before the Assistant Sessions Court, Kattappana. According to the petitioner, he is absolutely innocent. There are no worthwhile allegations even, against the petitioner. The Prosecutor was satisfied of that fact and had sought a further investigation. But the said request has not been accepted by the court below on the ground that it was the Prosecutor who made that request. The petitioner, in these circumstances, has come to this Court to quash the proceedings on the ground that the available materials do not at all indicate any complicity of the petitioner. 2. Notice was given to the learned Public Prosecutor. The learned Public Prosecutor submits that on the request of the learned Public Prosecutor, the Superintendent of Police had already directed that further investigation shall be conducted after apprising the Assistant Sessions Court, Kattappana of that fact. As soon as leave is obtained from the court, further Crl.M.C. No.4071 of 2008 2 investigation shall be conducted and appropriate further decision shall be taken, submits the learned Public Prosecutor . 3. The learned counsel for the petitioner, in these circumstances, fairly submits that no further directions are necessary. But submits that in case the learned Judge does not grant requisite permission under 173(8) Cr.P.C, the petitioner's option to approach this Court may be held to be unfettered. I am satisfied that the said request can be accepted. 4. This Crl.M.C is, in these circumstances, dismissed with the above observations. (R.BASANT, JUDGE) rtr/-