IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN MONDAY, THE 8TH FEBRUARY 2010 / 19TH MAGHA 1931 Crl.MC.No. 4158 of 2009() --------------------------------- PETITIONER(S): DEFACTO COMPLAINANT ----------------------------------------------------------- SURABHI, AGED 28 YEARS, D/O.ANNAMMA ISAC, MUKALUVIDA HOUSE, PLAPPILLY.PO, KOTTARAKKARA, KOLLAM DISTRICT. BY ADV. SRI.M.L.SURESH KUMAR RESPONDENT(S): ACCUSED/STATE -------------------------------------------------- 1. THE SUPERINTENDENT OF POLICE, KOLLAM DISTRICT. 2. THE SUB-INSPECTOR OF POLICE, KOTTARAKKARA KOLLAM. 3. THE SUB-INSPECTOR OF POLICE, KOTTIYAM, KOLLAM. 4. ANILKUMAR.K, AGED 36 YEARS, S/O.KUNJUKUNJU, CHERIYELA, ALUMMUDU.PO, KOLLAM DISTRICT. BY ADV.SRI.NAZAR S.U., PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ami P.BHAVADASAN, J. --------------------------- Crl.M.C No.4158 OF 2009 -------------------------------- Dated this the 8th day of February 2010 ----------------------------------------------------- ORDER This is a petition filed under Section 482 Cr.P.C seeking a direction to investigate and arrested the 4th respondent in Crime No.1511/2009 of Kottarakara Police Station. 2. Petitioner is the defacto complainant in Crime No.1511/2009 of Kottarakara Police Station for having committed offences punishable under Sections 498(A), 494 r/w 34 IPC. Crime was registered by the Kottarakara Police and the report was forwarded to the Judicial First Class Magistrate Court, Kollam. 3. Marriage between the petitioner and 4th respondent was conducted on 25/02/2009. The allegation is that subsequently the husband has married another lady named Vineetha during the lifetime of his wife. Petitioner also points out that the accused is not being arrested. 4. This court is given to understand that since the offences were committed within the jurisdiction of the Kottiyam Police Station, the records have been transferred to that police station from the Kottarakara Police Station and Kottiyam police have re-registered the case. Crl.M.C No.4158 OF 2009 Page numbers 5. There is no provision in the Cr.P.C which says that it is mandatory to arrest the accused. That is for the investigating agency to decide. Moreover, the petitioner has sought for a direction to investigate the case and arrest the accused. There is nothing to show that investigation is not being conducted. 6. The petition is without merit and it is accordingly dismissed. Sd/- P.BHAVADASAN, JUDGE //TRUE COPY// P.A TO JUDGE vdv