IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 9TH JUNE 2010 / 19TH JYAISTHA 1932 Crl.MC.No. 841 of 2010() ------------------------ CC.324/2009 of JUDL. MAGISTRATE OF FIRST CLASS-II, SULTHANBATHERY .................... PETITIONER(S): DEFACTO COMPLAINANT ---------------------------------- PETER JOSEPH, AGED 66 YEARS, S/O.JOSEPH, PALLATHU HOSUE, THIRUVANCHIKULAM, KODUNGALLUR, PIN-680 664. BY ADV. SRI.K.A.JALEEL SRI.C.Y.VINOD KUMAR RESPONDENT(S): --------------- 1. DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM. 2. SUPERINTENDENT OF POLICE, WAYANAD DISTRICT. 3. SUB INSPECTOR OF POLICE, PULPALLY POLICE STATION, WAYANAD DISTRICT. 4. BENNY MATHEW, S/O.MATHAI, ELLUNKAL HOUSE, PAKKAM, PULPALLY, WAYANAD DISTRICT. 5. ANISH, S/O.JOSEPH, KAVUNGAMPALLY, KURICHIPATTA, PULPALLY, WAYANAD DISTRICT. 6. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR MR.C.M.NAZER THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: dmb V.RAMKUMAR, J. ------------------------------------- Crl.M.C. No. 841 of 2010 -------------------------------------- Dated this the 9th day of June, 2010 ORDER Petitioner, who is the de facto complainant in Crime No.169/2009 of Pulpally Police Station, registered for an offence punishable under Section 379 IPC involving theft of 'ginger' allegedly cultivated by the petitioner, seeks further investigation by respondent Nos.1 to 3. 2. The learned Public Prosecutor on instructions submitted that at the instance of the petitioner himself further investigation has been ordered by the Superintendent of Police, Wayanad as per order No.5459/2010 dated 4.3.2010 and based on a petition filed before the J.F.C.M Court-II, Sulthan Bathery under Section 173(8) Cr.P.C, the trial was stopped by the Magistrate on 9.3.2010 and that a further investigation is conducted by the Dy.S.P,Pulpally, Wayanad. The Public Prosecutor also submitted that on the complaint lodged by the accused, Benny Mathew, against the petitioner herein Crl.M.C. No.841 of 2010 : 2 : and his wife, Pulpally Police registered a Crime No.68/2010 under Section 120B and 420 read with 34 IPC. 3. If at the request of the petitioner the police are conducting further investigation under Section 173(8) Cr.P.C, the petitioner cannot approach this court again for further investigation of the very same crime. His remedy is to move the Magistrate in case the further investigation is not proceeding on proper lines in view of the decision of Sakiri Vasu v. State of Uttar Pradesh [2008 (1) KLT (724)]. Reserving the above right of the petitioner this Criminal M.C is dismissed. V.RAMKUMAR, JUDGE dmb