IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 14TH OCTOBER 2011 / 22ND ASWINA 1933 Crl.MC.No. 3375 of 2011() -------------------------------- CC.209/2007 of JUDL. MAGISTRATE OF FIRST CLASS COURT - I, IDUKKI .................... PETITIONER(S): ACCUSED ------------------------------- THOMAS THOMAS,S/O.K.V.THOMAS, AGED 47 YEARS,RESIDING AT KAVALAMPUTHENPARAMBIL HOUSE, IDUKKI COLONY P.O,IDUKKI DISTRICT. BY ADV. SRI.C.K.PAVITHRAN SRI.M.VIVEK RESPONDENT(S): COMPLAINANT AND STATE ---------------------------------------------------- 1. SUB INSPECTOR OF POLICE,KATTAPPANA. 2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs CRMC. NO. 3375/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEXURE 1:COPY OF THE CHARGE SHEET GIVEN TO THE ACCUSED. ANNEXURE 2:COPY OF THE ORDER DATED 08/12/2009 IN C.M.P. NO.1977/2009. ANNEXURE 3:COPY OF THE ORDER DATED 12/03/2010 IN CRMC. NO.602/2010. ANNEXURE 4:COPY OF THE REPORT DATED 12/05/2010 SUBMITTED BY THE 1ST RESPONDENT. ANNEXURE 5:COPY OF THE ORDER SHEET IN C.C. NO.209/2007. ANNEXURE 6:COPY OF THE SUPPLEMENTARY CHARGE SHEET. RESPONDENT'S ANNEXURES: NIL /TRUE COPY/ P.A. TO JUDGE. svs N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.3375 of 2011 ----------------------------------- Dated this the 14th day of October 2011 O R D E R Petitioner is the accused in C.C.No.209/2007 of J.F.C.M.-I, Idukki. It is stated that the trial was commenced and CW1 was examined as PW2 and he was cross examined also. Thereafter, a petition was filed by the Assistant Public Prosecutor for further investigation under Sec.173(8) of Cr.P.C. Though that petition was allowed, the order passed thereunder was quashed by this Court and it was made clear that if the Investigating Officer finds that further investigation is warranted, he is at liberty to seek permission from the learned Magistrate under Sec.173(8) Cr.P.C. and the learned Magistrate will grant permission also. 2. The learned Magistrate has reported that a petition was filed by the S.I. of Police, Kattappana on 25.6.2010, pursuant to the direction/order of this Court that further investigation 'is/can be' conducted (the malayalam word is not Crl.M.C. No.3375 of 2011 -: 2 :- so clear as to whether the meaning 'is conducted' or 'can be conducted'). However, the learned Magistrate has reported that as per the request, further investigation is being conducted in this case. It was accepted by the learned Magistrate. That means, the learned Magistrate accorded permission to have the further investigation conducted in the matter. Therefore, it cannot be said that further investigation was not conducted at the instance of the Investigating Officer himself. It is further reported by the learned Magistrate that the Investigating Officer has already filed further report in the matter and the case is being proceeded with. In the light of what has been reported by the learned Magistrate, the challenge against further investigation and the further report filed by the police cannot be sustained. It is open to the petitioner to raise all contentions available to him before the learned Magistrate at the appropriate stage. This Crl.M.C. is disposed of as above. N.K.BALAKRISHNAN, JUDGE. Jvt