IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 6TH APRIL 2011 / 16TH CHAITHRA 1933 Crl.MC.No. 777 of 2011() ---------------------------------- CRL.M.P NO.12066/2010 IN CP. NO.89/2010 OF JUDL. MAGISTRATE OF FIRST CLASS COURT, CHALAKUDY. .................... PETITIONERS/ACCUSED 2 TO 6 ---------------------------------------------- 1. SHAFEEQ, S/O. SHAHUL HAMEED, PALAYAM KOTTUKARAN HOUSE, THALOR DESOM, NENMANIKARA VILLAGE. 2. KANNAN, S/O.UNNICHEKAN, MAREKADAN HOUSE, KANJIRAPPALLY DESOM, PARIYARAM VILLAGE. 3. JOSHI, S/O.ARAVINDAKSHAN, CHATTUPARAMBIL HOUSE, THUMBUR DESOM, KOTTANALLUR VILLAGE. 4. MOHANAN, S/O.MANIKUTTY, THERATTIL HOUSE, NEAR NATIONAL SCHOOL, IRINJALAKUDA DESOM IRINJALAKUDA VILLAGE. 5. CHANDRAN, S/O. MANI, VETTIYATTIL HOUSE KODALI DESOM, MATTATHUR VILLAGE. BY ADV. SRI.T.A.SHAJI RESPONDENT/COMPLAINANT: ------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, P(REPRESENTING THE SUB INSPECTOR OF POLICE, CHALAKUDY POLICE STATION) 2. THOMAS, (PUDUKKAD POLICE STATION GHC NO.4614), S/O. GEORGE, KALATHIL HOUSE, POLICE QUARTERS, KORATTY, PIN – 680 308. 3. P. LALKUMAR, SUB INSPECTOR OF POLICE, CHALAKUDY POLICE STATION, CHALAKUDY, PIN– 680 307. R1 BY PUBLIC PROSECUTOR MR.JAIBY PAUL. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.777 of 2011 -------------------------------------- Dated this the 6th day of April, 2011. ORDER Petitioners are accused 2 to 6 in Crime No.884 of 2010 of Chalakkudy Police Station and C.P.No.89 of 2010 of the court of learned Judicial First Class Magistrate, Chalakkudy for offences punishable under Sections 143, 147, 148, 341, 323, 324, 308, 427 and 294(b) read with Section 149 of the Indian Penal Code. Petitioners filed Crl.M.P.No.12066 of 2010 for further investigation under Section 173(8) of the Code of Criminal Procedure (for short, “the Code”) alleging that investigation was not proper and petitioners are falsely implicated due to personal enmity. That petition was dismissed by Annexure-D, order dated November 30, 2010. That order and Annexure-E, committal order are under challenge. It is prayed that direction may be given to further investigate the case by a specialized investigating agency like Crime Branch under the supervision of a superior Police Officer not below the Superintendent of Police. 2. Learned Public Prosecutor has submitted that pursuant to the complaint preferred by petitioners, the Director General of Police, Thiruvananthapuram by order No.U5/25683/2011 dated 26.03.2011 has entrusted investigation of the case to the Superintendent of Police, CBCID, Camp at Control Room, Thrissur. 3. Since investigation in that line has been ordered it is not necessary Crl.MC No.777/2011 2 to go into the contentions raised by petitioners in this proceeding. However it is directed that trial of the case will stand in abeyance until further report is submitted by the officer to whom investigation as above stated is entrusted. With the above direction this petition is closed. THOMAS P.JOSEPH, Judge. cks