IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 3RD DECEMBER 2008 / 12TH AGRAHAYANA 1930 Crl.MC.No. 4194 of 2008() ------------------------- CRIME NO. 492/06 OF NEYYATTINKARA POLICE STATION SC.485/2007 of ASSISTANT SESSIONS COURT, NEYYATTINKARA .................... PETITIONER(S): --------------- SAJIKUMAR, S/O.NELSON, SAJI BHAVAN, MALOTTUKONAM, KARIPRAKONAM, PERUMPAZHUTHOOR VILLAGE, NEYYATTINKARA. BY ADV. SRI.G.SUDHEER RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. 2. NADANIEL, S/O. MONAS, MUVOTTUKONA, MELEPUTHENVEEDU, KARIPRAKONA, PERUMPAZHITHOOR,NEYYATTINKARA. R1 BY PUBLIC PROSECUTOR SRI. P. RAVEENDRA BABU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 4194 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of December, 2008 O R D E R The grievance of the petitioner is that a direction for further investigation under Section 173(8) Cr.P.C. is not complied by the police. 2. Notice was given to the learned Prosecutor, who, after taking instructions submits that the investigation is complete and a further report under Section 173(8) Cr.P.C. has already been filed. According to the learned Prosecutor the further investigation had revealed that the allegations raised in that case i.e. C.C.1285 of 2006 (Crime No. 504 of 2006 of Neyyattinkara Police Station) are not true and correct. Accordingly a final report has already been filed before the Magistrate. The Magistrate is seized of the matter and appropriate further directions are to be passed by the learned Magistrate, submits the learned Prosecutor. 3. There is no representation for the petitioner today. His submissions have already been heard. In the facts and Crl.M.C.No. 4194 of 2008 2 circumstances of this case, I am satisfied that the learned Magistrate must now be directed to consider such further final report and take appropriate decision in the matter expeditiously. The learned Magistrate must consider whether such further final report can be accepted or not. If the learned Magistrate feels that such further final report cannot be accepted and the prosecution in C.C.1285 of 2006 must continue, the learned Magistrate must consider whether the allegations in C.C. 1285 of 2006 are in the nature of a counter case to S.C.485 of 2007 and if so, the learned Magistrate must pass appropriate orders under Section 323 Cr.P.C. The learned Sessions Judge must continue with the trial in S.C.485 of 2007 only after ascertaining the action taken by the learned Magistrate in this regard. 4. With the above observations, this Crl.M.C. is dismissed. (R. BASANT) Judge tm