IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 11TH JANUARY 2010 / 21TH POUSHA 1931 Crl.MC.No. 3359 of 2009() ------------------------- CC.1073/2007 of JUDL.MAGISTRATE OF FIRST CLASS-II, KOLLAM .................... PETITIONER(S): ACCUSED 1 to 3 IN CC NO.1073/2007: --------------------------------------------------------------------------------- 1. RAJAN, S/O.NARAYANAN, RADHA MANDIRAM, JAVAHAR NAGAR-139, PATTATHANAM WEST WARD, VADAKKEVILA VILLAGE. 2. ANEESH, S/O.RAJAN, -DO-, -DO-. 3. AJEESH, S/O.RAJAN, -DO-, -DO-. BY ADVS. MR.V.BHASKARAN PILLAI, SMT.S.LEELA. RESPONDENT(S): FIRST RESPONDENT/2ND RESPONDENT/DEFACTO COMPLAINANT: ----------------------------------------------------------------- 1. STATE OF KERALA REPRESENTED BY ITS SUB INSPECTOR OF POLICE, KOLLAM EAST POLICE STATION. 2. RADHAMMA, D/O.LAKSHMY, RESHMI BHAVAN, JAWAHAR NAGAR-152, PATTATHANAM WEST WARD, VADAKKEVILA VILLAGE. R1 BY PUBLIC PROSECUTOR MR. P.A. SALIM R2 BY ADV. MR.M.K.CHANDRA MOHANDAS THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 11/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. ------------------------------------------ Crl.M.C.NO.3359 OF 2009 ------------------------------------------ Dated 11th January 2010 O R D E R Petitioner is the accused in C.C.1073/2007 on the file of Judicial First Class Magistrate-II, Kollam taken cognizance for the offences under Sections 380, 457 and 461 read with Section 34 of Indian Penal Code. Learned counsel appearing for the second respondent, the de facto complainant, submitted that a petition was filed before the learned Magistrate for further investigation under Section 173(8) of Code of Criminal Procedure and that petition was allowed and hence further investigation is pending. 2. As further investigation is permitted by the learned Magistrate, Crmc 3359/09 2 petitioner is entitled to challenge final report filed after further investigation and with that liberty the petition is disposed. Learned counsel also submitted that the order disposing the petition may not affect the rights of the petitioner to challenge the order permitting further investigation. Petitioner is entitled to challenge the said order in accordance with law. M.SASIDHARAN NAMBIAR, JUDGE. uj.