IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 22ND JUNE 2010 / 1ST ASHADHA 1932 WP(C).No. 12785 of 2010(Q) ----------------------------------------------- CRIME NO.3369/2009 OF ALUVA POLICE STATION PETITIONER(S): ------------------------ SHAIJU JOSEPH, AGED 26 YEARS, S/O.P.C.JOSEPH, POWATHIL HOUSE, MELORAM, IDUKKI. BY ADV. SRI.GRASHIOUS KURIAKOSE RESPONDENT(S): ---------------------------- 1. THE DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM. 2. THE SUB INSPECTOR OF POLICE, ALUVA. GOVERNMENT PLEADER SRI.C.S.HRITHWICK THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR, J. ................................. W.P.(c).No. 12785 of 2010 .................................... Dated:22.06.2010 JUDGMENT In this writ petition filed by the accused in Crime No.3369/2009 of Aluva Police Station registered for offences punishable under Sections 408 and 420 IPC, the petitioner seeks a direction to the Director General of Police, Thiruvananthapuram (1st respondent herein) restraining the Sub Inspector of Police, Aluva from conducting the investigation of the above crime and a further direction to the 1st respondent to have the above case investigated after subjecting the petitioner to scientific tests to bring out the truth that the petitioner was falsely implicated by the de facto complainant who was his employer. 2. The writ petition was filed at a time when the above case was at the crime stage. Subsequently the Police filed a final report on the basis of which the J.F.C.M-I, Aluva took the case on file as C.C.No.1046/2010 and has issued summons to the petitioner/accused for his appearance before the Magistrate on 19.10.2010. Now that the Magistrate is in seizin of the matter, further investigation if any can be ordered by the Magistrate if the W.P.(c). No.12785 of 2010 2 petitioner on a motion is able to convince the Magistrate that the petitioner was falsely implicated by the de facto complainant. This writ petition is accordingly disposed of permitting the petitioner to move the Magistrate for further investigation of the above crime and the Magistrate shall pass appropriate orders after considering the contentions of the petitioner. Dated this the 22nd day of June, 2010. V. RAMKUMAR, JUDGE sj