IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN WEDNESDAY, THE 6TH JULY 2011 / 15TH ASHADHA 1933 Crl.Rev.Pet.No. 748 of 2011() ----------------------------- CMP.75/2011 of JUDL.MAGISTRATE OF FIRST CLASS COURT -I, ALAPPUZHA .................... PETITIONER/PETITIONER IN CMP: ------------------------------------------------- KALARCODE VNUGOPALAN NAIR, MANGALAVE,PAZHAVEEDU, ALAPPUZHA. BY ADV. SRI.KALARCODE VENUGOPALAN NAIR (PARTY IN RESPONDENT(S)/RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. DEPUTY SUPERINTENDENT OF POLICE, CRIME BRANCH, KOLLAM. PUBLIC PROSECUTOR SMT.REKHA C. NAIR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 06/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. ------------------------------- Crl.R.P.NO.748 OF 2011 (C) ----------------------------------- Dated this the 6th day of July, 2011 O R D E R Petitioner, who claims to be a social activist, had moved an application before the Judicial First Class Magistrate Court-I, Alappuzha raising a grievance that proper and fair investigation is not being conducted in respect of the crime registered over the unnatural death of a child, namely, Shreya. He requested for monitoring the investigation by the Magistrate, to meet the ends of justice. The learned Magistrate disposed the petition passing an order in the following lines: “Complainant present. Need not be forwarded under Section 156(3) of the Cr.P.C. as F.I.R. has already been registered. Any how, investigating officer is directed to expedite investigation and shall file final report at the earliest.” Feeling aggrieved by that order, the petitioner has filed this revision. Crl.R.P.NO.748/2011 2 2. Notice given, the learned Public Prosecutor requested for filing a statement through the investigating officer. Accordingly, a statement has been filed by the Deputy Superintendent of Police, CBCID, EOW - 1 Sub Unit, Kollam. Among other things, it is stated that since there were contradictory versions over the death of the child, the investigating agency had decided to conduct a Narco Analysis Test as to what happened in the incident resulting her death. Without expressing anything more it is to be stated that the report is so vague that it does not even reflect as against whom the Narco Analysis Test was requested to be conducted - whether against any of the witnesses or any suspect involved in the crime. Whatever that be, when the revision came up for consideration, the learned Public prosecutor submitted that the State has no objection in the monitoring of the investigation of the crime, conducted by the CBCID. Recording the submission made by the Public Prosecutor, it is ordered that the learned Magistrate shall monitor the investigation of the crime, calling Crl.R.P.NO.748/2011 3 for the report from the investigating officer from time to time and issuing appropriate directions/orders as may be necessary to safeguard fair investigation of the crime. With the above direction, the revision is disposed of. S.S.SATHEESACHANDRAN JUDGE prp Crl.R.P.NO.748/2011 4