IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 28TH JULY 2008 / 6TH SRAVANA 1930 Crl.MC.No. 2352 of 2008() ------------------------- AGAINST THE ORDER IN CRMP.5319/2007 IN CC.299/2007 of JUDL.MAGISTRATE OF FIRST CLASS COURT, ALATHUR .................... PETITIONER: ------------ RAJESH, S/O.RAJAN, PUTHANPURA, ELAKKODU, MUDAPPALLUR, ALATHUR TALUK, PALAKKAD DISTRICT. BY ADV. SRI.SAJAN VARGHEESE K. SRI.LIJU. M.P RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY THE SECRETARY TO GOVT., DEPARTMENT OF HOME AFFAIRS, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. BENNY @ VISWANATHAN, @ KAMARAI @ ANTONY BENNYCHAN, 68, SASTHA NAGAR, PAZHANI, TAMIL NADU. 3. SAJEEVAN @ SANJAY SETTU, S/O.GOPAL, MANJALI HOUSE, PARAKULAM ROAD, ANGAMALY. 4. THE STATION HOUSE OFFICER, VADAKKENCHERRY POLICE STATION, ALATHUR TALUK, PALAKKAD DISTRICT. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 28/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.2352 of 2008 ---------------------------------------- Dated this the 28th day of July 2008 O R D E R The petitioner is the de facto complainant/victim in a crime registered inter alia under Sections 457 and 380 I.P.C. The alleged incident took place as early as on 17/6/2002. Investigation is now complete. Final report has already been filed. Cognizance has been taken by the learned Magistrate and the case has been registered as C.C.No.299/07. According to the petitioner/de facto complainant, the motor cycle belonging to him as well as 72 sovereigns of gold ornaments were thieved along with currency notes of Rs.10,000/- in all. The police, in the course of investigation, have ascertained culpability and had arrayed accused 1 and 2 as accused. The motorcycle involved in the crime has been recovered also. But the 72 sovereigns of gold ornaments and cash of Rs.10,000/- have not been recovered so far. According to the petitioner, no proper investigation has been conducted and that is the reason why the recovery of all the stolen articles was not effected. In these circumstances the petitioner approached the learned Magistrate and the learned Magistrate by the impugned order dated 19/3/2008 directed that Crl.M.C.No.2352/08 2 further investigation be conducted by the Station House Officer, Vadakkancheri under Section 173(8) Cr.P.C. According to the petitioner, there has been no proper investigation and no useful purpose will be served by directing the fourth respondent S.H.O, Vadakkanchery police station to conduct the investigation. He prays that the investigation may be entrusted with more competent hands who can be expected to make a breakthrough in investigation and recover the stolen property. 2. The learned Public Prosecutor submits that the investigation has revealed the complicity of the accused person. The recovery of the gold ornaments could not be made as information could not be elicited from the accused persons as to the person with whom they entrusted the thieved gold ornaments. 3. I agree with the learned counsel for the petitioner that there is need to get proper further investigation conducted by more senior police officials. 4. I am, in these circumstances, satisfied that this Crl.M.C can be allowed and appropriate directions can be issued about the manner in which further investigation ought to be conducted as directed by the learned Magistrate on 19/3/2008. Crl.M.C.No.2352/08 3 5. In the result this petition is allowed. The following directions are issued. i) The learned Director General of Police shall ensure that further investigation under Section 173(8) Cr.P.C as ordered by the learned Magistrate is conducted by a senior police official not below the rank of a Deputy Superintendent of Police to be chosen by the Director General of Police within a period of one month from this date. Such officer shall conduct a proper further investigation. He shall also abide by further directions, if any, that may be issued by the learned Magistrate from time to time. ii) The Director General of Police shall apprise the court of the further action taken in pursuance of this order within a period of one month. Copy of such order passed shall be furnished to the learned counsel for the petitioner for information. Hand over copy of this order to the learned Public Prosecutor. (R.BASANT, JUDGE) jsr Crl.M.C.No.2352/08 4 Crl.M.C.No.2352/08 5 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008