IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 21ST FEBRUARY 2011 / 2ND PHALGUNA 1932 OP(Crl.).No. 660 of 2011(Q) -------------------------------------- C.C.NO.1620/2009 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, CHENGANNUR. ................. PETITIONER: ------------------ LINTA SCARIA, AGED 27 YEARS, D/O.M.U. SCARIA, MADUKKAMOOTTIL HOUSE, POOVANTHURUTH, PANACHIKADU VILLAGE, KOTTAYAM. BY ADV. SRI.P.HARIDAS, SMT.SIKKY RAVISHANKAR. RESPONDENT(S): ------------------------- 1. THE DIRECTOR GENERAL OF POLICE, KERALA, THIRUVANANTHAPURAM-1. 2. TINEESH. K.O., AGED 30 YEARS, S/O.UNNITTAN, KOVILAL VEEDU, KALLUSSERY P.O., CHENGANNUR, ALAPPUZHA DISTRICT, NOW WORKING AS MALE NURSE AT AMBULANCE MEDIC CENTRE AT AMBULANCE SERVICE P.O., BOX NO.99117, DUBAI, U.A.E., 689 124. 3. K.O. UNNITTAN, AGED 57 YEARS, KOVILAL VEEDU, KALLUSSERY P.O., CHENGANNUR, ALAPPUZHA DISTRICT, 689 124. 4. K.O. NITHYAMOL, AGED 27 YEARS, D/O.K.O. UNNITTAN, KOVILAL VEEDU, KALLUSSERY P.O., CHENGANNUR, ALAPPUZHA DISTRICT, NOW WORKING AS NURSE AT CENTRE OF AMBULANCE AND SERVICE, BOX NO.99117, DUBAI, U.A.E., 689 124. 5. VALSAMMA UNNITTAN, AGED 52 YEARS, W/O.K.O. UNNITTAN, KOVILAL VEEDU, KALLUSSERY P.O., CHENGANNUR, ALAPPUZHA DISTRICT, 689 124. R1 BY PUBLIC PROSECUTOR SMT.M.K. PUSHPALATHA. THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 21/02/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs THOMAS P JOSEPH, J. ---------------------------------------- O.P(Crl).No.660 of 2011 --------------------------------------- Dated this 21st day of February, 2011 JUDGMENT In view of the order I propose to pass notice to respondent Nos.2 to 5 is dispensed with. 2. Petitioner is the de facto complainant in C.C.No.1620 of 2009 of the court of learned Judicial First Class Magistrate-I, Chengannur. The case originated on a private complaint preferred by the petitioner against respondent Nos.2 to 5 alleging commission of offences under Sec.498A r/w Sec.34 of the Indian Penal Code and Sec.4 of the Dowry Prohibition Act. That complaint was forwarded to the police for investigation under Sec.156(3) of the Code of Criminal Procedure (for short, "the Code”). According to the petitioner police after investigation submitted final report deleting 4th respondent from the array of parties. But, petitioner was not given notice of the said report. Petitioner learned about that when she was being examined as PW1. Thereon petitioner filed Ext.P2, application for further investigation under Sec.173(8) of the Code. Grievance of petitioner is that the said petition has not been disposed of by the learned Magistrate. Prayer in this petition is to direct O.P(Crl).No.660 of 2011 -: 2 :- learned Magistrate to pass orders on Ext.P2, application. 3. I have heard learned counsel and the learned Public Prosecutor. 4. Having regard to the circumstances stated, learned Judicial First Class Magistrate-I, Chengannur is directed to disposed of Ext.P2, application filed by the petitioner under Sec.173(8) of the Code as provided under law as early as possible (if it is not already disposed of). This petition is disposed of as above. (THOMAS P JOSEPH, JUDGE) Sbna/-