IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 22ND OCTOBER 2009 / 30TH ASWINA 1931 Crl.MC.No. 3406 of 2009() ------------------------- CC.583/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, NEDUMANGAD .................... PETITIONER(S): ACCUSED ---------------------- PRABHULACHANDRAN S/O.DIVAKARAN, PATTATHANATHU THADATHARIKATHU VEEDU, PANAAM, PANAVOPOOR VILLAGE NEDUMANGAD TALUK. BY ADV. SRI.SASTHAMANGALAM S. AJITHKUMAR SRI.P.M.SANEER RESPONDENT(S)/DE FACTO COMPLAINANT: --------------- 1. THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. 2. LALITHA, D/O.KAMALAKSHI AMMA PATHATHANATHU THADATHARIKATHU VEEDU PANAYAM, PANAVOPOR VILLAGE, NEDUMANGAD TALUK. R1 BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO. 3406 OF 2009 ------------------------------------------ Dated 22nd October 2009 O R D E R Judicial First Class Magistrate-I, Nedumangad as per order dated 14/9/2009 in C.M.P.3370/2009, directed further investigation of the case based on a petition filed by the injured, de facto complainant. This petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure-C order contending that learned Magistrate should not have directed further investigation, at the instance of the de facto complainant, when in her F.I statement she did not say that she was inflicted injury with a weapon and the police has investigated the case properly and laid the charge for the offences under Sections 341, 294(b), 323, 325 and 354 of Indian Penal Code. Annexure-B petition filed by the de facto complainant shows that she has a case that the case was not properly investigated and even her F.I statement was not properly recorded and even the witness who is not in India was shown in the final 2 report and in such circumstances, sought a direction from the learned Magistrate for further investigation. 2. By Annexure-C order learned Magistrate found that the case was not properly investigated and in the interest of justice a further investigation is warranted. It is in such circumstances, further investigation under Section 173(3) of Code of Criminal Procedure was issued. On the facts an order for further investigation will serve only interest of justice. I find no reason to interfere with the order, as by proper investigation no prejudice will be caused to anybody. M.SASIDHARAN NAMBIAR, JUDGE. uj.