IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 14TH SEPTEMBER 2009 / 23RD BHADRA 1931 WP(C).No. 25054 of 2009(Q) ------------------------------------ CC.47/2009 of J.M.F.C.-II, KANJIRAPPALLY ............................................... PETITIONER(S): ---------------------- BIJU JACOB KANNAMTHANAM, AGED 37 YEARS, S/O.CHACKO, ADVOCATE, PONKUNNAM, KOTTAYAM. BY ADV. SRI.M.J.THOMAS RESPONDENT(S): ------------------------ 1. THE DISTRICT SUPERINTENDENT OF POLICE, KOTTAYAM. 2. THE DY.S.P., NARCOTIC CELL, KOTTAYAM. 3. P.P.XAVIER, A.S.I., PONKUNNAM POLICE STATION. GOVT.PLEADER SRI.S.U.NAZAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. ------------------------------------------ W.P.C.NO.25054 OF 2009 ------------------------------------------ Dated 14th September 2009 JUDGMENT Based on Ext.P7 final report submitted by A.S.I of police, Ponkunnam, Judicial First Class Magistrate-II, Kanjirappally took cognizance as C.C.47/2009 for the offence under Section 294(b) of Indian Penal Code in crime No.15/2009. Petitioner had earlier filed W.P.C.3236/2009 under Articles 226 and 227 of Constitution of India to transfer the investigation of the case alleging that investigation should be entrusted with some superior officer. As per Ext.P4 order dated 30/1/2009, in view of the representation that petitioner had sought investigation by some other officer. This court directed respondents 1 and 2, to take appropriate decision as expeditiously as possible. Pursuant to the said order, first respondent passed Ext.P5 order entrusting investigation of crime No.15/2009 and 34/2009 to second respondent, the Deputy Superintendent of police, Narcotic cell, Kottayam with a direction that investigation shall be completed within two months. Taking note of Ext.P5 order, under 25054/09 2 Ext.P6 judgment dated 16/2/2009 writ petition was closed, after recording the submission that investigation will be entrusted as provided under Ext.P5. This petition is filed under Articles 226 and 227 of Constitution of India for a direction to second respondent, the Deputy Superintendent of Police, Narcotic cell, Kottayam, to complete the investigation in crime Nos.15/2009 and 34/2009 of Ponkunnam police station transferred under Ext.P5 order and to stay the trial of C.C.47/2009 on the file of Judicial First Class Magistrate-II, Kanjirappally till the final report is submitted. 2. Learned Public Prosecutor submitted that as directed under Ext.P5 order of first respondent, second respondent Deputy Superintendent of Police obtained permission of Judicial First Class Magistrate-II, Kanjirappally under Section 173(8) of Code of Criminal Procedure and investigated crime Nos.15/2009 and 34/2009 further and has also completed the further investigation and prepared a final report that both the cases are false. It is submitted that records were sent to the Station House 25054/09 3 Officer, Ponkunnam police station to file a final report under Section 169 of Code of Criminal Procedure before the court. Recording the submission writ petition is closed. M.SASIDHARAN NAMBIAR, JUDGE. uj.