IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY TUESDAY, THE 23RD AUGUST 2011 / 1ST BHADRA 1933 Crl.MC.No. 2962 of 2007() ------------------------- CC.600/2000 of JUDL. MAGISTRATE OF FIRST CLASS COURT-III, NEYYATTINKARA .................... PETITIONER/4TH ACCUSED --------------------------------------- SAJEEVAN, S/O.PEETHAMBARAN, MUDIPPURATHATTUVILAKAVU VEEDU, KARUMKULAM, NEYYATTINKARA. BY ADV. SRI.M.RAMESH CHANDER RESPONDENT(S): ------------------------ 1. THE CIRCLE INSPECTOR OF POLICE, POOVAR, THIRUVANANTHAPURAM. 2. STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADDL.R3 IMPLEADED ------------------------------- ADDL.R3. MADHUSOODANAN NAIR, S/O.BALAKRISHNA PILLAI, VALIYAVILAKAM HOUSE, KARUMKULAM VILLAGE, NEAR NEYYATTINKARA, TRIVANDRUM DIST. ADDL.R3 IS IMPLEADED AS ADDL 3RD RESPONDENT, AS PER ORDER DATED 10.11.2008 IN CRL.M.A.NO.6704/2007. BY PUBLIC PROSECUTORSRI.B.JAYASURYA THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 23/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No. 2962 of 2007() ------------------------------------- APPENDIX --------------- PETITIONER'S ANNEXURES --------------------------------------- ANNEX A1. COPY OF FIRST INFORMATION REPORT. ANNEX. A2. COPY OF CHARGE SHEET BEFORE THE JFCM III NEYYATTINKARA ANNEX. A3. COPY OF REPORT BY THE INVESTIGATING OFFICER ANNEX.A4. COPY OF ORDER OF THE JFCM III NEYYATTINKARA DATED 1. 3. 04. RESPONDENT'S ANNEXURES : NIL ------------------------------------------ / TRUE COPY / P.A. TO JUDGE VK B.P.RAY, J. ------------------------------------------------------------ Crl.M.C.No. 2962 of 2007 ------------------------------------------------------------ Dated this the 23rd day of August, 2011 O R D E R Heard the learned counsel for the petitioner and the learned Public Prosecutor. 2. Petitioner is the fourth accused in C.C.No.600/2000 pending before the Judicial First Class Magistrate Court – III, Neyyattinkara arising out of Crime No.170/2000 of Kanjiramkulam Police Station for commission of offence punishable under Ss.143, 147, 148, 149, 323 and 324 read with 149 I.P.C. 3. The de facto complainant, Sri.Madhusoodanan Nair filed this petition before the Superintendent of Police, Thiruvananthapuram stating that the real accused in this case was deleted by the police and the fourth accused in this case was implicated in this case. It was further alleged by the de facto complainant that the witnesses arrayed in the charge are not the real eye witnesses. Thereafter the C.I of Police, Poovar was directed to conduct further investigation under S.173(8) Cr.P.C. as per order dated 18.1.2003 of J.M.F.C.-III, -2- Crl.M.C.2962/2007 Neyyattinkara. The report of further investigation filed deleting the name of the petitioner was not accepted by the learned Magistrate. 4. As per order dated 26.10.2007 this Court directed the Magistrate to report whether any speaking order was passed on 01.3.2004 to reject the second final report submitted by the Investigating Officer. In compliance to the above direction, the Magistrate submitted a report enclosing the reasoned order dated 01.3.2004 passed in C.C.No.600/2000. 5. I have perused the aforesaid order. I find that the learned Magistrate has not applied his mind particularly when the investigation was conducted after taking orders from the learned Magistrate. It is incumbent on his part to go through the case diary and find out whether there is any material against the accused person. The learned Public Prosecutor fairly stated that on a perusal of the CD, there appears to be no material against the petitioner. 6. In that view of the matter, I direct that the name of the petitioner, who is the 4th accused, be deleted from the aforesaid C.C. No.600/2000 and the trial court is directed to -3- Crl.M.C.2962/2007 proceed against the other accused persons. The Crl.M.C. is disposed of as above. B.P.RAY, JUDGE. rka