IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 16TH JANUARY 2008 / 26TH POUSHA 1929 Crl.MC.No. 3645 of 2007(E) ------------------------------- CRIME NO. 107/2007 of PATHANAMTHITTA POLICE STATION PETITIONER: PETITIONER ABRAHAM MATHEW,AGED 51, BHAGAVATHY KUNNIL, CHEENGALTHADAM, MYLAPRA, PATHANAMTHITTA. BY ADV. SRI.P.HARIDAS RESPONDENTS: RESPONDENTS 1. THE DIRECTOR GENERAL OF POLICE THIRUVANANTHAPURAM. 2. THE DY.INSPECTOR GENERAL OF POLICE THIRUVANANTHAPURAM. 3. THE SUPERINTENDENT OF POLICE, PATHANAMTHITTA. 4. THE SUPERINTENDENT OF POLICE CRIME BRANCH, KOTTAYAM. 5. THE CIRCLE INSPECTOR OF POLICE PATHANAMTHITTA. 6. THE SUB INSEPCTOR OF POLICE , PATHANAMTHITTA. 7. THANKACHAN, KATTADIMANNIL, MYLAPRA, PATHANNAMTHITTA. 8. CHANDRAN, CHAKKALAYIL VEEDU, MYLAPRA, PATHANAMTHITTA. BY ADV. SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ============================== CRL.M.C. No.3645 of 2007 =============================== Dated this the 16th day of January, 2008. ORDER The petitioner, who is the brother of the deceased (Raju) seeks a further investigation of crime No. 107/2007 of Pathanamthitta Police Station to be conducted by the 4th respondent, the Superintendent of Police, Crime Branch, Kottayam. 2. Admittedly, the Pathanamthitta police after conducting an investigation into the cause of death of the petitioner's brother has filed a final report charge sheeting respondents 7 and 8 herein for an offence punishable under Section 302 r/w Section 34 IPC. The petitioner can certainly during the committal proceedings under Section 207 Cr.P.C examine the materials on which the prosecution proposes to try the accused persons and if there are circumstances indicating that the investigation conducted by the 5th respondent was a mere eyewash, the petitioner can move the Magistrate by filing a petition under Section 173(8) Cr.P.C and in that event, I am sure that the Magistrate will consider the said petition in all its seriousness and expedition, since the case pertains to the homicidal death of the petitioner's brother. Leaving open those option to the petitioner, this Crl. M.C is disposed of. V. RAMKUMAR, JUDGE. rv