IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 16TH JUNE 2011 / 26TH JYAISHTA 1933 WP(C).No. 13392 of 2011(Y) ------------------------------------ PETITIONER: -------------------- NAUFAL C.P., S/O. MOIDEEN C.P., MURMAM HOUSE, PALACHUVADU, KULUPPA DESOM, THURAYUR VILLAGE, KOYILANDY TALUK, KOZHIKODE DISTRICT. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENTS: ----------------------- 1. SUB INSPECTOR OF POLICE, PAYYOLI POLICE STATION, KOZHIKODE-673 523. 2. SUPERINTENDENT OF POLICE (RURAL), OFFICE OF THE SUPERINTENDENT OF POLICE, RURAL VADAKARA, KOZHIKODE-673 101. 3. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, HOME DEPARTMENT, THIRUVANANTHAPURAM-695 001. BY GOVERNMENT PLEADER SRI. V. MANU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 13392 of 2011(Y) ANNEXURE PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE FIR IN CRIME NO. 646/2010 OF PAYYOLI POLICE STATION, DATE 25.11.2010 EXT.P2 : COPY OF THE REPRESENTATION DATED NIL SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT. EXT.P3 : COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE CHIEF MINISTER OF KERALA DATED 04.12.2010 RESPONDENT'S EXHIBITS: NIL // TRUE COPY // PA TO JUDGE smt THOMAS P. JOSEPH, J. ~~~~~~~~~~~~~~~~ W.P.(C). No.13392 of 2011 ~~~~~~~~~~~~~~~~~~~ Dated this the 16th day of June 2011 J U D G M E N T This petition is filed by the de facto complainant in Crime No.646 of 2010 of Payyoli Police Station. Petitioner alleged that the motorcycle of his brother which was in his use was stolen from Payyoli Town on 25.11.2010. Later, the motorcycle was seen at a different place gutted in fire. Petitioner gave a complaint to the Sub Inspector of Police, Payyoli who registered Crime No.646 of 2010 for offences punishable under Sec.435 of the Indian Penal Code (for short, “the IPC”). Grievance of petitioner is that Sec.379 IPC is not incorporated and there is no progress in the investigation. It is therefore, prayed that it is necessary to appoint a special investigation team with an officer not below the rank of Dy.SP to investigate the case. It is submitted by learned Public Prosecutor that the accused W.P.(C). No.13392 of 2011 -: 2 :- were arrested on 20.12.2010 and later released on bail. The police after investigation submitted a final report dated 30.4.2011 before learned Magistrate for offence punishable under Sec.435 r/w Sec.34 of the IPC. 2. Since the final report has already submitted, it is open to the petitioner to seek appropriate relief if any before the learned Magistrate as law permits. If the materials on record revealed any offence under Sec.379 of the IPC, it is open to the Magistrate to take that also into account at the appropriate stage. In view of the above, it is not necessary to pass any order in this proceeding. With the above observation, this W.P.(C) is closed. THOMAS P. JOSEPH, JUDGE. Jvt