IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT:- THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER MONDAY, THE 15TH DECEMBER 2008 / 24TH AGRAHAYANA 1930 W.A.No.2053 of 2008 ------------------------------------- AGAINST THE JUDGEMENT IN W.P.(C).1015/2008(U), DATED 28/01/2008 .................... APPELLANT/PETITIOENR:- ---------------------------------------- R.RAVICHANDRAN, AGED 38 YEARS, S/O.K.RAMACHANDRAN NAIR, RESIDING AT PALLATHU HOUSE, EDAYARANMULA WEST P.O, PATHANAMTHITTA. BY PARTY-IN-PERSON. RESPONDENTS/RESPONDENTS:- --------------------------------------------------- 1. DIRECTOR GENERAL OF POLICE, KERALA, THIRUVANANTHAPURAM. 2. CIRCLE INSPECTOR OF POLICE, CHENGANNUR, ALAPPUZHA DISTRICT. 3. SUB INSPECTOR OF POLICE, CHENGANNUR, ALAPPUZHA DISTRICT. BY SENIOR GOVERNMENT PLEADER SMT.K.MEERA. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 15/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.Dattu,C.J. & A.K.Basheer,J. -------------------------------------------- W.A.No.2053 of 2008 -------------------------------------------- Dated, this the 15th December, 2008 JUDGMENT H.L.Dattu,C.J. Party in person is before us in this Writ Appeal, being aggrieved by the orders passed by the learned Single Judge in W.P.(C). No.1015 of 2008, dated 28th January, 2008. (2) In the writ petition filed, petitioner had called in question the orders passed by the jurisdictional Magistrate in C.M.P.No.1768 of 2007 in C.C.No.451 of 2006 dated 20.09.2007. (3) In C.C.No.451 of 2006, the party in person had filed a petition (C.M.P.No.1768 of 2007) under Section 173(8) of the Code of Criminal Procedure (“Code” for short), for a direction to the respondents in the C.M.P., who had filed charge sheet before the jurisdictional Magistrate. The prayer in the said C.M.P. was, to direct the respondents/police authorities to conduct further investigation into the matter. (4) The learned Magistrate, after going through the entire materials that were produced before him, has come to the conclusion, that, the relief sought for by the petitioner in the petition filed under Section 173(8) of the Code need not be granted. Accordingly, has rejected the petition by his order dated 20.09.2007. W.A.No.2053 of 2008 2 - (5) Aggrieved by the said order, the petitioner was before this Court in W.P.(C).No.1015 of 2008. (6) The learned Single Judge, while disposing of the writ petition, has confirmed the orders passed by the Judicial First Class Magistrate-I, Chengannur in C.M.P.No.1768 of 2007 in C.C.No.451 of 2006 and, while doing so, the learned Single Judge has made some personal remarks against the petitioner. (7) In our opinion, for the disposal of the writ petition, the personal remarks made against the petitioner was unnecessary and, therefore, while rejecting the Writ Appeal, we delete all personal remarks made by the learned Single Judge against the petitioner in the course of the judgment. Ordered accordingly. H.L.Dattu Chief Justice A.K.Basheer vku/- Judge