IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN THURSDAY, THE 8TH DECEMBER 2011 / 17TH AGRAHAYANA 1933 Crl.MC.No. 3867 of 2011() ------------------------- CRMP.1737/2010 of CHIEF JUDICIAL MAGISTRATE COURT, PATHANAMTHITTA .................... PETITIONER(S)/DEFACTO COMPLAINANT :- --------------------------------------------------------------- RAVEENDRAN.C.K, AGED 56 YEARS, S/O.LATE .KRISHNAN,KAYAALAKKATHU HOUSE(USHUS) KYTHAKODI.P.O,AIYROOR VILLAGE,RANNI TALUK, PATHANAMTHITTA DISTRICT. BY ADV. SRI.V.SETHUNATH SRI.V.VINAY RESPONDENT(S)/COMPLAINANT AND STATE :- ------------------------------------------------------------------- 1. THE SUPERINTENDENT OF POLICE, PATHANAMTHITTA, PIN-689 645. 2. THE DY.SUPERINTENDENT OF POLICE, THIRUVALLA, PIN-689 101, PATHANAMTHITTA DISTRICT. 3. THE CIRCLE INSPECTOR OF POLICE, KOZHENCHERRY, PIN-689 641, PATHANAMTHITTA DISTRICT. 4. THE SUB INSPECTOR OF POLICE, KOIPURAM, PIN-689 531, PATHANAMTHITTA DISTRICT. PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: jvt CRL.M.C.No. 3867 OF 2011 APPENDIX Petitioner's Exhibits :- Annexure 1 :- Copy of the complaint filed by the petitioner before the C.J.M., Pathanamthitta. Annexure 2 :- Copy of the Refer Report/Final Report in Crime No.514/2009 of Koipuram Police Station. Annexure 3 :- Copy of the protest complaint under Sec.173(8) of the Cr.P.C. as Cr.M.P.No.1737/2010 before the C.J.M., Pathanamthitta. Annexure 4 :- Copy of the petition filed before the C.J.M., Pathanamthitta. Respondent's Exhibits :- NIL. //True Copy// P.A. to Judge N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.3867 of 2011 ----------------------------------- Dated this the 8th day of December 2011 O R D E R Crime No.514/2009 of Koipuram Police Station is now pending investigation with the Dy.S.P.(R2). The dispute is with regard to a document which is now in the cutody of the Munsiff, Ranni in O.S.No.451/2008. Learned counsel for the petitioner submits that earlier, a report was filed by the S.I. expressing his inability to get the document, which is now in the custody of the court, so as to get the signatures and thump impressions of Lakshmiamma, who was purported to be the executant of document in question compared by an expert. It is within the power of Officer-in- charge of the Police Station to make a written request to the court under Sec.91 of Cr.P.C. to get the custody of the document in question. Hence, the Dy.S.P., Pathanamthitta can file an application under Sec.91 of Cr.P.C. before the Crl.M.C. No.3867 of 2011 -: 2 :- learned Munsiff, Ranni for getting custody of the document in question for the purpose of comparison of the disputed handwriting, signatures and thump impressions etc. When the document is so handed over, the learned Magistrate will ensure that an attested legible photocopy of that document is retained in the case file. This Crl.M.C. is ordered accordingly. N.K.BALAKRISHNAN, JUDGE. Jvt