IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 5TH AUGUST 2010 / 14TH SRAVANA 1932 WP(C).No. 24223 of 2010(Q) -------------------------- AGAINST THE ORDER DATED 29/03/2010 IN CC.3206/2010 IN CRMP.578/2010 of ADDL.C.J.M., ERNAKULAM .................... (CRIME NO.1208/2008 OF ERNAKULAM TOWN SOUTH POLICE SATION) PETITIONER(S): ------------------------ PREMANANDAN,S/O.KARUNAKARAN NAIR, MANGATHU VEEDU,NIRAMARUTHU DESOM,NIRAMARUTHU AMSOM, MALAPPURAM DISTRICT. BY ADVS. SRI.O.V.MANIPRASAD, SRI.SAJU J PANICKER. RESPONDENT(S): --------------------------- 1. THE STATE OF KERALA,REPRESENED BY THE SECRETARY TO GOVERNMENT,HOME AFFAIRS DEPARTMENT, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM. 2. THE DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM. 3. THE SUB INSPECTOR OF POLICE,ERNAKULAM TOWN SOUTH POLICE STATION,ERNAKULAM. R1 TO R3 BY GOVERNMENT PLEADER SRI. C.S. HRITWIK THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss V.RAMKUMAR, J. ------------------------------------- W.P(C) No. 24223 of 2010 -------------------------------------- Dated this the 5th day of August, 2010 J U D G M E N T Petitioner is the de facto complainant in Crime No.1206/2008 of Ernakulam Town South Police station for offences punishable under Sections 406 and 420 IPC. The said case, after investigation is now pending before the Additional Chief Judicial Magistrate Court, Ernakulam as C.C.No.3206/2009. As permitted by this Court in Ext.P5 judgment in WP(C)No.23726/2009, the petitioner filed CMP.No.578/2010 before the Court below for further investigation under Section 173(8) Cr.P.C. The said petition has now been dismissed for default as evidenced by Ext.P7 order. 2. Heard both sides. The very purpose for which the petitioner had once approached this Court and thereafter approached the Court below was for a direction to conduct further investigation of the case which according to the petitioner involves misappropriation to W.P(C) No.24223 of 2010 : 2 : the tune of Rs.25,36,800/-. Hence the dismissal of CMP.No.578/2010 is set aside. Accordingly, CMP.No.578/2010 filed by the petitioner before the Additional Chief Judicial Magistrate Court, Ernakulam shall stand restored to file with a direction to dispose of the same on merits after giving the petitioner and the Prosecutor an opportunity of being heard. V.RAMKUMAR, JUDGE dmb