IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 22ND JULY 2009 / 31ST ASHADHA 1931 Crl.MC.No. 2146 of 2009 -------------------------------- CC.418/2006 of JUDL.MAGISTRATE OF FIRST CLASS COURT, MATTANNUR ............................................. PETITIONER(S): --------------------- MUHAMMED KUNHI, S/O. HUSSAINAR, AGED 41 YEARS, RESIDING AT MOOTHEDATH HOUSE, MARKET ROAD, P.O.PAPPINISSERI, KANNUR DISTRICT. BY ADV. SRI.SUNIL NAIR PALAKKAT SRI.K.N.ABHILASH SRI.JIMMY.N.JOSEPH SMT.R.LEELA RESPONDENT(S): ----------------------- 1. STATE OF KERALA, REP. BY SECRETARY TO THE HOME DEPARTMENT, SECRETARIAT, TRIVANDRUM, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. LAKSHMANAN, CIRCLE INSPECTOR, CRIME BRANCH, KANNUR. 3. SUB INSPECTOR OF POLICE, ULIKKAL POLICE STATION, KANNUR. PUBLIC PROSECUTOR SRI. B. VINOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.2146 of 2009 -------------------------- ORDER This petition is filed under Section 482 of Code of Criminal Procedure for a direction to the first respondent to consider Annexure-A2 representation made before the Chief Minister, with copies to the Home Minister, the Home Secretary and Superintendent of Police, Kannur. Case of the petitioner is that regarding the death of Ajitha on 6.6.2006, Payyannur Police registered a crime and during investigation, petitioner was questioned and while questioning, he was tortured and police men also allowed the relatives of late Ajitha to manhandle him and on 24.4.2009, petitioner was asked to get into the police vehicle and when the police vehicle was stopped at a deserted place, a Tata Sumo Van bearing Reg.No.KL-13/K 1229 came there and two persons came out and thereafter the police men told the petitioner that those persons will drop him in his house and reluctantly, petitioner got into the van and he was thereafter brutally beaten by CRMC 2146/09 2 those persons and he was kept in detention for two days and after two days, police men from Ulikkal Police Station surrounded that house and took the petitioner into custody and he was tortured in the custody also and Ulikkal police registered Crime No.82/2006 for offences under Sections 365, 323, and 324 read with Section 149 of Indian Penal Code and subsequently, after investigation, Annexure-A1 final report was filed for the said offences. It is the case of the petitioner that there was a conspiracy between the second respondent and he was made an accused in that case and statement of the petitioner was not recorded during investigation and therefore, he was compelled to submit Annexure-A2 representation before the Chief Minister and it is necessary to pass appropriate orders on Annexure-A2 representation. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. From the submissions of the learned counsel appearing for the petitioner, it is clear that grievance of the petitioner is against the investigation and Annexure-A1 final report. As held by CRMC 2146/09 3 the Apex Court in Sakiri Vasu v. State of U.P. (2008 (1) KLT 724(SC)), the remedy of the petitioner is to approach the Magistrate under Section 156(3) of Code of Criminal Procedure. If the case of the petitioner is that second respondent should also be an accused, he is at liberty to file a private complaint. If his grievance is against acceptance of Anenxure-A1 final report, then also, petitioner has to approach the Magistrate. With that liberty, petition is dismissed. 22nd July, 2009 (M.Sasidharan Nambiar, Judge) tkv