IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 30TH SEPTEMBER 2010 / 8TH ASWINA 1932 Crl.MC.No. 2791 of 2010() ------------------------------------ MP.142/2010 of JUDL. MAGISTRTE OF FIRST CLASS COURT-III, THRISSUR .................... PETITIONER(S): ---------------------- FEBIN, AGED 36 YEARS, S/O. XAVIER, KOONAMPLAVU HOUSE, THALORE P.O.,THRISSUR DISTRICT. BY ADV. SRI.MILLU DANDAPANI RESPONDENT(S): ------------------------- 1. THE STATE OF KERALA, (CR.NO.324/05 OF OLLUR POLICE STATION, THRISSUR), REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN-682 031. 2. THE CIRCLE INSPECTOR OF POLICE, OLLUR POLICE STATION, THRISSUR-680 001. 3. ANTONY, S/O. KIZHAKOODAN MATHEW, THYKATTUSSERY DESOM, EDAKUNNY VILLAGE, THRISSUR DISTRICT, PIN-680 001. PUBLIC PROSECUTOR SMT.REKHA C.NAIR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.2791 of 2010 -------------------------- ORDER By Annexure-H order, Judicial First Class Magistrate-III, Thrissur granted the prayer for further investigation under Section 173(8) of Code of Criminal Procedure on a report filed by the Circle Inspector of Police, Ollur, the Investigating Officer. This petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure-H order. 2. Learned counsel appearing for the petitioner argued that Annexure-H order, which is not a speaking order, does not establish that learned Magistrate has applied his mind and granted permission for further investigation under Section 173(8) of Code of Criminal Procedure. It is also argued that this Court, by Annexure-D order, had occasion to consider the necessity to send the disputed document to an expert and was not inclined to seek the opinion of another expert and in such circumstances, when further investigation was sought for on that ground, learned Magistrate should not have granted the permission. CRMC 2791/10 2 3. On hearing the learned counsel, I find no reason to interfere with Annexure-H order. Section 173 (8) of Code of Criminal Procedure does not provide that learned Magistrate has to grant permission to conduct further investigation, on recording reasons. In fact, sub-section (8) of Section 173 of Code of Criminal Procedure enables the Investigating Officer to conduct further investigation and on such investigation, if obtained further evidence, either oral or documentary, to forward the same by a further report recording such evidence in the form prescribed as provided under sub- section (2). Only a formal sanction is warranted. In such circumstances, this petition is dismissed. 30th September, 2010 (M.Sasidharan Nambiar, Judge) tkv