IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 18TH AUGUST 2008 / 27TH SRAVANA 1930 Crl.MC.No. 1652 of 2008() ------------------------- CC.532/2004 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, NEYYATTINKARA .................... PETITIONER/4th ACCUSED: ------------ C.RAVI, S/O.CHELLAPPAN NADAR, ATHIININNAVEEDU, KALAVATTARAM, PIRAYUMOODU, NEYYATTINKARA. BY ADV. SRI.B.PREMOD RESPONDENTS/STATE & COMPLAINANT: ------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE DEPUTY SUPERINTENDENT OF POLICE, C.B.C.I.D, THIRUVANANTHAPURAM. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.1652 of 2008 ---------------------------------------- Dated this the 18th day of August 2008 O R D E R The petitioner is the fourth accused and he faces indictment in a prosecution for offences punishable inter alia under Sections 471 and 420 I.P.C. Cognizance was taken on the basis of a final report submitted by the police. The learned counsel for the petitioner submits that even though cognizance was taken as early as in 2004 as can be seen from the number assigned to the case as 532/04, the petitioner had received summons only very late and he has entered appearance recently. Charges have not been framed by the learned Magistrate so far, submits the learned counsel for the petitioner. 2. According to the petitioner, he does not deserve to stand the trauma of such a criminal prosecution. According to the petitioner, no proper investigation has been conducted. If a proper further investigation is conducted, it shall be clear to the court that it is not necessary to inflict on the petitioners the trauma of facing such an undeserved prosecution. In these circumstances, the petitioner has come to this court with this application under Section 482 Cr.P.C to invoke the extraordinary inherent jurisdiction to direct a further investigation to be conducted by the investigating officer . Crl.M.C.No.1652/08 2 3. Has the petitioner approached the learned Magistrate with such a request? If so, what is the outcome of such an approach? If the petitioner has not approached the learned Magistrate, why has he not approached the learned Magistrate and why has he chosen to come to this court with this petition under Section 482 Cr.P.C notwithstanding the dictum in Shaji v. State of Kerala [2003(2) KLT 929]. It is now trite that such a request can be entertained by the learned Magistrate even when that emanates from the petitioner/accused. I am of the opinion that in this case the learned Magistrate has the option to issue directions to the police to conduct a further investigation under Section 173(8) Cr.P.C. It is submitted at the Bar that charges have not been framed by the learned Magistrate so far. The petitioner can move the learned Magistrate for issue of directions under Section 173(8) Cr.P.C. The learned Magistrate can hear the learned counsel for the accused as well as the learned Public Prosecutor on the question of framing charge and at that stage the learned Magistrate can consider the prayer to conduct a further investigation also. At the stage of framing charges the learned Magistrate will have occasion to consider all the relevant facts. At that stage, the petitioner can request the Crl.M.C.No.1652/08 3 learned Magistrate to direct a further investigation to be conducted under Section 173(8) Cr.P.C and if the learned Magistrate feels that such further investigation deserves to be conducted, appropriate directions can be issued by the learned Magistrate. I am not persuaded to agree that any such directions for further investigation can or need be issued by this court invoking the extraordinary inherent jurisdiction under Section 482 Cr.P.C or the extraordinary constitutional jurisdiction under Article 226 of the Constitution of India. 4. In the result, this Crl.M.C is dismissed. I may hasten to repeat that the dismissal of this Crl.M.C shall not fetter the rights of the petitioner to move the learned Magistrate for directing further investigation to be conducted under Section 173(8) Cr.P.C and if such a request is made, the learned Magistrate shall consider the same on merits and pass appropriate orders expeditiously. Hand over copy of this order to the learned counsel for the petitioner. (R.BASANT, JUDGE) jsr Crl.M.C.No.1652/08 4 Crl.M.C.No.1652/08 5 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008