IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 19TH NOVEMBER 2008 / 28TH KARTHIKA 1930 WP(C).No. 29447 of 2008(E) -------------------------- CMP.640/2008 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, PONNANI .................... PETITIONER(S): ---------------------- KUNHIMON, S/O.APPU, CHEMMANOOR HOUSE, CHEMANOOR DESOM, ARTHAAT VILLAGE, THALAPPILLY TALUK, THRISSUR. BY ADV. SRI.RAJIT SRI.RANJIT BABU RESPONDENT(S): ------------------------- 1. THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM. 2. SUPERINTENDENT OF POLICE, MALAPPURAM, COLLECTORATE, MALAPPURAM. 3. DEPUTY SUPERINTENDENT OF POLICE, TIRUR, MALAPPURAM. BY GOVERNMENT PLEADER SRI.S.U.NAZAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO. 29447/2008-E APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE APPLICATION CMP.640/2008 FILED BY THE PETITIONER BEFORE THE LEARNED JFCM COURT, PONNANI. EXT.P2: COPY OF THE ORDER DATED 02/09/2008 IN CMP NO.640/2008 IN CRIME NO.8/2008 OF PERUMBADAPPU POLICE STATION PASSED BY THE LEARNED JFCM COURT, PONNANI. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE Rs/ R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - W.P.C.No. 29447 of 2008 E - - - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of November, 2008 JUDGMENT The learned Govt. Pleader, after taking instructions from the Investigating Officer, submits that the Investigating Officer after having considered all circumstances and after discussion with the Govt. Pleader now realises the need to conduct a further investigation in the matter. He has not been able to take further steps in view of the interim order of stay passed by this Court. Needful shall be done to get the further investigation conducted under Section 173(8) Cr.P.C. forthwith. The writ petition may, in these circumstances, be closed accepting the submission of the Investigating Officer that further investigation shall forthwith be conducted under Section 173(8) Cr.P.C., submits the learned Prosecutor. 2. The learned counsel for the petitioner submits that if such proper further investigation shall be conducted, the petitioner does not want to seek any further direction. But it is W.P.C.No. 29447 of 2008 2 submitted that considering the nature and circumstances of the case, a senior police official – second respondent herein – may be directed to monitor and supervise such further investigation to be conducted by the third respondent. I am satisfied that directions to that effect can be issued. 3. This Writ Petition is allowed in part. The submission of the learned Govt. Pleader on behalf of the third respondent that the third respondent shall take steps forthwith to get a further investigation conducted under Section 173(8) Cr.P.C. is accepted. There shall be a direction to the second respondent to monitor the further investigation and to ensure that the further final report after further investigation under Section 173(8) Cr.P.C. is filed before Court only with the specific approval of the second respondent. 4. Issue copy to the learned Govt. Pleader. (R. BASANT) Judge tm