IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 5TH JULY 2010 / 14TH ASHADHA 1932 WP(C).No. 20827 of 2010(Q) -------------------------- CC.113/2010 of J.M.F.C., KOYILANDY .................... PETITIONER: --------------- RISHNA, W/O.VIJEESH, THRIKOTTUR, MADATHILKANDI MANIKYAM VEETTIL HOUSE, THIKKODI POST, KOYILANDY, KOZHIKODE DISTRICT. BY ADV. SRI.K.MOHANAKANNAN SMT.A.R.PRAVITHA SMT.D.S.THUSHARA RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA - REPRESENTED BY SUB INSPECTOR OF POLICE, KOYILANDY. 2. T.SAJEEVAN, SUB INSPECTOR OF POLICE, KOYILANDY.PIN 673 305. PUBLIC PROSECUTOR SRI.C.S.HRITHIK THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.RAMKUMAR, J. ---------------------------------------- W.P.(C).No.20827 of 2010 ----------------------------------------- Dated this the 5th day of July, 2010 JUDGMENT Petitioner, who is the de facto complainant in Crime No.654 of 2009 of Koyilandy Police Station for offences punishable under Sections 279, 337, 338 & 304A I.P.C., seeks further investigation of the above crime after quashing Ext.P6 final report filed by the second respondent herein, namely, Sajeevan, Sub Inspector of Police, Koyilandy. According to the petitioner, Ext.P6 final report is contrary to the prosecution records and the true facts of the case. The car, bearing registration No.KL-56A 3773 which the deceased brother (Rinish) of the petitioner was driving, was proceeding from Kozhikode to Koyilandy whereas the offending car bearing registration No.KL-59A-2292 was coming from the opposite direction from Koyilandy to Kozhikode. Even though, Ext.P6 final report refers to the car as one coming from the opposite direction the said car is described as proceeding from Kozhikode to Koyilandy which was the same direction in which the deceased was also proceeding. It is, according to the W.P.(C)No.20827/2010 : 2 : petitioner, an obvious mistake. If the above mistake is allowed to continue, it may result in grave injustice to the petitioner. The petitioner therefore seeks further investigation. The petitioner has also filed Ext.P7 application before the Judicial Magistrate of the First Class, Koyilandy for further investigation on the above grounds. 2. The statement in Ext.P6 final report submitted by the second respondent herein to the effect that the offending car was proceeding from Kozhikode to Koyilandy appears to be an obvious mistake. The very same charge sheet refers to the said car as one coming from the opposite direction, which is actually Koyilandy to Kozhikode. The above mistake can be rectified if the attention of the charging officer is invited to the above inconsistency. It is only if the charge sheet is not correct should the petitioner need move for further investigation. Accordingly, this Writ Petition is disposed of directing the Judicial Magistrate of the First Class, Koyilandy to look into the obvious inconsistency in the final report in Crime No.654 of 2009 of Koyilandy Police Station and seek a clarification from the charging officer. In case, the learned W.P.(C)No.20827/2010 : 3 : Magistrate is of the view that the matter requires further investigation, then only he need initiate further investigation in the matter. V.RAMKUMAR, JUDGE skj