IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 15TH JANUARY 2010 / 25TH POUSHA 1931 Crl.MC.No. 4201 of 2009() ------------------------------------ CMP.8264/2009 of JUDL. MAGISTRATE OF FIRST CLASS COURT, CHALAKUDY .................... PETITIONERS/PETITIONER --------------------------------------- KALARCODE VENUGOPALAN NAIR, SREESADANAM, VADAKKAL, ALAPPUZHA NOW RESIDING AT NANDANAM, PARAVOOR P.O., PUNNAPRA NORTH, ALAPPUZHA. BY MR.KALARCODE VENUGOPALAN NAIR (PARTY IN PERSON) RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, KORATTY POLICE STATION. R1 & R2 BY MR.V.G. GOVINDAN NAIR, DIRECTOR GENERAL OF PROSECUTION. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.4201 of 2009 -------------------------- ORDER Petitioner filed C.M.P.No.8264/2009 before Judicial First Class Magistrate's Court, Chalakudy for a direction to complete the investigation of Crime No. 177/2007 of Koratty Police Station, registered for the offences under Sections 120B, 342, 324, 328, 420, 201 and 202 of Indian Penal Code and Section 82 of Mental Health Act. By Annexure-A5 order, learned Magistrate dismissed the petition holding that petitioner has no locus standi to file a petition for investigation in respect of a case being investigated by the police. This petition is filed to quash Annexure-A5 order and for a direction to conduct investigation of Crime No. 177/2007. 2. Petitioner was heard personally. Learned Director General of Prosecution was also heard. 3. Grievance of the petitioner is that even though the case was registered as early as in 2007, for the reason that Honourable Supreme Court has quashed Crime No.381/2005, investigation of all other cases is also not being carried out and therefore, necessary CRMC 4201/09 2 direction is to be issued for a proper investigation. Petitioner pointed out that only the case, registered by the police on a suo motu proceedings initiated by this court, was quashed and all other cases are to be investigated in accordance with law. 4. Learned Director General of Prosecution submitted that by the decision in Crl.A.No.472/2008, against the decision of this Court, Honourable Supreme Court has quashed only Crime No. 381/2005 and all other cases are to be investigated in accordance with law. It is also submitted that due to the confusion of the Investigating Officer that entire proceedings have been quashed, the case was not properly investigated. 5. Judgment of the Apex Court in Divine Retreat Centre v. State of Kerala (2008 (1) KLT 1042) establishes that directions of this Court to specially constituted an investigating team to conduct investigation into the allegations raised in the anonymous letter are set aside. The reliefs granted are in paragraphs 64 and 65 of the decision. Paragraph 65 makes it absolutely clear that a direction was issued to the third respondent to make available the materials gathered during the course of investigation of Crime CRMC 4201/09 3 No.381/2005 to the Circle Inspector of Police, Chalakudy within two weeks from the date of receipt of a copy of the judgment and thereafter, the Investigating Officer shall submit appropriate report before the Magistrate within four weeks in accordance with the provisions of the Code. In such circumstances, based on the said directions, it cannot be said that all other cases registered in respect of the allegations raised against the Divine Retreat Centre were quashed. On the other hand, all the cases are to be investigated in accordance with law and a report, either as provided under Section 169 or 170 of Code of Criminal Procedure is to be submitted before the appropriate court. Petition is disposed directing the Investigating Officer, who is investigating Crime No.177/2007 of Koratty Police Station, to investigate the case in accordance with law expeditiously and file a final report before the Magistrate, as provided under Section 173(2) of Code of Criminal Procedure. 15th January, 2010 (M.Sasidharan Nambiar, Judge) tkv