IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN THURSDAY, THE 17TH NOVEMBER 2011 / 26TH KARTHIKA 1933 OP(Crl.).No. 3666 of 2011(Q) -------------------------------------- AGAINST THE ORDER IN CRMP.243/2009 IN Crl.R.P.3/2009 of SESSIONS COURT, THRISSUR .......................................................................................................................................... PETITIONER : -------------------- M/S.SUPREME FINANCIERS AND KURIES (P) LTD., CHENTHRAPINNY P.O., THRISSUR-680 568, REPRESENTED BY ITS MANAGING PARTNER, SUNIL T.S. BY ADVS. SRI.C.HARIKUMAR SMT.V.V.ASHA RESPONDENTS : -------------------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031. 2. SEENATH, D/O.MUHAMMEDALI, KANAKKASSERY HOUSE, EDAMUTTAM, VALAPPAD-680 567. 3. JAYAPRAKASH, S/O.KUNJIRAVUNNI, KARAYIL THEKKOOTT HOUSE, KAZHIMBRAM, VALAPPAD-680 567. 4. NARAYANAN, S/O.KRISHNAN, KAZHIMBRAM,VALAPPAD-680 567. R1 BY PUBLIC PROSECUTOR SRI. RAJESH VIJAYAN THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 17/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: DSV/- OP(Crl.).No. 3666 of 2011(Q) APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1. COPY OF THE CMP NO.8580/08 IN CC NO.424/2008 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, KODUNGALLOOR. EXHIBIT P2 COPY OF THE ORDER IN CMP NO.8580/2008 IN CC 424/08 DATED 02/12/2008. EXHIBIT P3 COPY OF THE MEMORANDUM IN CRRP 3/2009. EXHIBIT P4 COPY OF THE ORDER IN CRMP 243/2009 IN CRRP 3/2009. RESPONDENTS' EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE DSV/- N.K.BALAKRISHNAN, J. -------------------------------- O.P.(Crl). No.3666 of 2011 ------------------------------------- Dated this the 17th day of November 2011 J U D G M E N T The only request made in this petition is that the Crl.R.P. in which the petitioner herein is the first respondent is pending before the Sessions Court since January 2009. The order impugned in that Crl.R.P. is an order passed by the learned Magistrate under Sec.173(8) Cr.P.C., as per which the order for re-investigation was passed under Sec.173(8) of Cr.P.C. Learned counsel submits that it was wrongly mentioned by the learned Magistrate as re-investigation, since what is requested is actually, further investigation under Sec.173(8) Cr.P.C. Since that order was stayed in January, 2009 the entire matter has been kept pending without any progress. Therefore, the prayer in this petition is that the learned Additional Sessions Judge, Irinjalakkuda may be directed to O.P.(Crl). No.3666 of 2011 -: 2 :- dispose of the Crl.R.P. mentioned above. Since that is the only request, I find no necessity to issue notice to the respondents in this petition. The learned Additional Sessions Judge, Irinjalakkuda will dispose of the aforesaid Crl.R.P. as expeditiously as possible, after hearing both sides, atleast within two months from the date of receipt of a copy of this order. This O.P.(Crl) is disposed of as above. N.K.BALAKRISHNAN, JUDGE. Jvt