IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 31ST JULY 2008 / 9TH SRAVANA 1930 Crl.MC.No. 1082 of 2008() ------------------------- CC.173/2004 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, TRIVANDRUM CRIME NO.155/01 OF CITY TRAFFIC POLICE STATION, THIRUVANANTHAPURAM .................... PETITIONER: ACCUSED IN CC 173/2004: ----------------------------------- VINCENT, AGED 40 YEARS, S/O.DEVASSY, RESIDING AT MADATHUMPADI VEEDU, VALAKKAD, MULAYAM P.O., THRISSUR-5. BY ADV. SRI.P.GOPAKUMARAN NAIR SRI.C.S.DIAS SMT.R.BEENA RESPONDENTS: COMPLAINANT IN CC 173/2004: ---------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 31/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.1082 of 2008 ------------------------------------- Dated this the 31st day of July, 2008 ORDER Petitioner faces indictment in a prosecution for offences punishable, inter alia, under Section 304 A I.P.C. Investigation was completed. Final report was filed and cognizance was taken as C.C.No.173 of 2004 before the Judicial Magistrate of the First Class-I, Trivandrum. The petitioner was dissatisfied with the final report. He had moved the authorities and a further investigation under Section 173(8) Cr.P.C has been ordered. According to the petitioner, a further final report after such further investigation under Section 173(8) Cr.P.C has not been filed so far and in the meantime the learned Judicial Magistrate of the First Class-I, Trivandrum was scheduling C.C.No.173 of 2004 for trial. Apprehending that the matter may be taken up for trial even before the further final report after further investigation under Section 173(8) Cr.P.C is filed, the petitioner has come to this Court with a prayer to invoke the extraordinary inherent jurisdiction under Section 482 Cr.P.C to issue appropriate directions. 2. The Investigating Officer ie. the Circle Inspector of Police, Traffic North, Thiruvananthapuram has now filed a statement dated 28.07.08. In such statement it is stated categorically that further investigation has been conducted and such investigation has revealed that the petitioner is innocent and Crl.M.C. No.1082 of 2008 2 does not deserve to face indictment. It is submitted that report shall be filed by the Investigating Officer shortly after getting the case diary which has been produced before court in connection with these cases. It is, in these circumstances, submitted by the learned Public Prosecutor that no further directions are necessary in this Crl.M.C and the Investigating Officer shall promptly be filing a further report about the result of further investigation under Section 173(8) Cr.P.C. 3. I am satisfied, in these circumstances, that there can be a direction to the learned Magistrate to wait for the further report of the Investigating Officer after completing the further investigation under Section 173(8) Cr.P.C and not to proceed with the trial in C.C.No.173 of 2004 before such further report is filed. There shall also be a direction to the Investigating Officer to ensure that such further report is filed as expeditiously as possible - at any rate, within a period of 60 days from this date. 4. This Crl.M.C is accordingly allowed in part to the above extent. The records in the case shall be sent back to the concerned court/authority forthwith. 5. Hand over a copy of this order to the learned Public Prosecutor. (R.BASANT, JUDGE) rtr/- Crl.M.C. No.1082 of 2008 3