IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 1ST DECEMBER 2008 / 10TH AGRAHAYANA 1930 Crl.MC.No. 3490 of 2008() ------------------------- CRMP.5977/2008 IN CC.1088/2001 of JUDL. MAGISTRATE OF FIRST CLASS COURT, CHALAKUDY .................................... PETITIONER(S): PETITIONER/DEFACTO COMPLAINANT: ---------------------------------------------------------------------------------- DR.RAJAN, S/O.NEELAKANTAN NAMBOOTHIRI, NARAMANGALATHU MANA, KALLOOR VADAKKUMURI VILLAGE, THRISSUR DISTRICT, MUKUNDAPURAM TALUK. BY ADV. SRI.T.N.MANOJ RESPONDENT(S): ACCUSED: --------------------------------------------- 1. GOVINDANKUTTY NAIR, FORMER PRESIDENT N.S.S. KARAYOGAM NO.3160, KALLUR VADAKKUMURI, VELLANI PUZHANKARA HOUSE, KALLUR, MUKUNDAPURAM TALUK. 2. RAVEENDRAN, FORMER SECRETARY N.S.S. KARAYOGAM NO.3160, KALLUR VADAKKUMURI, PUZHANKARA HOUSE, KALLUR MUKUNDAPURAM TALUK. 3. THE CIRCLE INSPECTOR OF POLICE, IRINJALAKUDA POLICE STATION. 4. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 01/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R.BASANT, J ------------------------------------ Crl.M.C. No.3490 of 2008 ------------------------------------- Dated this the 1st day of December, 2008 ORDER Petitioner is the defacto complainant in a prosecution for offences punishable, inter alia, under Section 471 r/w 34 I.P.C. Crime was registered on the basis of a private complaint filed by the petitioner and referred to the police by the learned Magistrate under Section 156(3) Cr.P.C. Investigation was completed. Final report was filed and cognizance was taken by the learned Magistrate. The defacto complainant had filed an application to get further investigation conducted and accordingly orders were passed by the learned Magistrate directing conduct of a further investigation. That order was passed on 07.11.2001. The grievance of the petitioner is that no proper further investigation has been conducted by the Investigating Officer so far. 2. The learned counsel for the petitioner submits that even now further investigation is not completed by the Investigating Officer. The learned Public Prosecutor on behalf Crl.M.C. No.3490 of 2008 2 of the Investigating Officer submits and a statement to that effect has already been filed that the further investigation is now undertaken and the same shall be conducted and completed as expeditiously as possible. The learned Public Prosecutor on behalf of the Investigating Officer submits that on account of passage of time and death of the crucial witnesses, the Investigating Officer needs some further time to complete the investigation. 3. In as much as further investigation is now being conducted by the Investigating Officer notwithstanding the fact that no effective further investigation was conducted as per order dt.07.11.01, I am satisfied that appropriate directions can be issued. 4. In the result: i) This Crl.M.C is allowed in part; ii) The Investigating Officer is directed to complete the further investigation under Section 173(8) Cr.P.C as per order dated 07.11.2001 as expeditiously as possible - at any rate, within a period of 3 months from this date; iii) The learned Magistrate shall monitor the further investigation and issue appropriate further directions and ensure Crl.M.C. No.3490 of 2008 3 that further final report is filed by the Investigating Officer as expeditiously as possible; iv) Needless to say, trial in the case shall not further proceed with until such further final report is filed by the Investigating Officer after completing the further investigation under Section 173(8)Cr.P.C; v) The petitioner shall co-operate with the investigator. He shall appear before the Investigating Officer at 11 a.m on 10.12.08 and thereafter as and when directed by the Investigating Officer to enable him to take the necessary further steps for the further investigation under Section 173(8) Cr.P.C. (R.BASANT, JUDGE) rtr/- Crl.M.C. No.3490 of 2008 4 R.BASANT, J ------------------------------------ Crl.M.C. No.3490 of 2008 ------------------------------------- Dated this the 30th day of September, 2008 ORDER The short grievance of the petitioner now is that notwithstanding the directions of the learned Magistrate to conduct a further investigation under Section 173(8) Cr.P.C and notwithstanding the fact that this Court by Annexure-B order had upheld the said direction, no further final report has been filed Crl.M.C. No.3490 of 2008 5 by the Investigating Officer and the learned Magistrate is now proceeding with the trial of the case without waiting for the further report after such further investigation. Report of the learned Magistrate was called for. The report confirms that the further final report has not been filed by the Investigating Officer so far. 2. In these circumstances, I deem it necessary to direct the Investigating Officer to appear in person before this Court on the next date of posting and file a statement explaining the steps that have been taken in the further investigation of this crime. 3. Call on 28.10.08. The learned Public Prosecutor shall convey this direction to the Investigating Officer. 4. Hand over a copy of this order to the learned Public Prosecutor. It is made clear that if the further final report has not been filed so far and there is no legal impediment for filing such report, I expect the Investigating Officer to complete the further investigation and file such report by the next date of posting. (R.BASANT, JUDGE) rtr/-