IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 1ST JULY 2008 / 10TH ASHADHA 1930 WP(C).No. 19757 of 2008(B) -------------------------- SC.259/2007 of DISTRICT COURT, PATHANAMTHITTA .................... PETITIONER: ------------ N.K.ASOKAN, S/O.KUTTAPPAN, AGED 47, LAKSHMI BHAVAN, MUDIYOORKONAM P.O., PANDALAM, PATHANAMTHITTA. BY ADV. SRI.JOHNSON MANAYANI SRI.BENHUR JOSEPH MANAYANI RESPONDENTS: ------------- 1. THANKAMONI, W/O.PRABHAKARAN, KARTHIKA SADANAM, MUDIYOORKONAM P.O., PANTHALAM VILLAGE. 2. RAJAPPAN ACHARY, KOTTILAPATTU, JAI RAJ BHAVANAM, MUDIYOORKONAM PO PANTHALAM. 3. MANIKUTTAN ACHARY, KOTTILAPPATTU, OF DO. DO. 4. CHELLAMONI ACHARY, KOTTILAPATTU, OF DO. DO. 5. THE SUB INSPECTOR OF POLICE, PANDALAM, POLICE STATION, PANDALAM P.O 6. THE DY.SUPDT OF POLICE/A.S.P ADOOR PO. 7. SECRETARY TO HOME AFFAIRS, SECRETARIAT, TRIVANDRUM. 8. DIRECTOR GENERAL OF POLICE, TRIVANDRUM 9. STATE OF KERALA, REP. BY ITS SECRETARY TO HOME AFFAIRS, SECRETARIAT, TRIVANDRUM. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT, J. ---------------------- W.P.C.No.19757 of 2008 ---------------------------------------- Dated this the 1st day of July 2008 J U D G M E N T The petitioner is the sole accused and he faces indictment in a prosecution for the offence punishable under Section 3(i)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. While investigation was pending, the petitioner submitted Ext.P3 representation before the Director General of Police and the Director General of Police by Ext.P4 communication directed the Superintendent of Police, Pathanamthitta to look into the matter and do the needful. A proper reply was directed to be given to the petitioner herein. Long later Ext.P5 dated 10/3/2008 was furnished to the petitioner informing him that the investigation is complete, final report has been filed and S.C.No.259/2007 was pending before the Sessions Court. According to the petitioner, his prayer really was to conduct further investigation under Section 173(8) Cr.P.C. That prayer has not been considered by the Director General of Police or the Superintendent of Police or the Assistant Superintendent of Police who has signed Ext.P5 communication. It is prayed that appropriate directions may be issued. W.P.C.No.19757/08 2 2. If the petitioner feels that further investigation deserves to be conducted on any specific reason or ground, the petitioner has the option to approach the court before which the matter is pending to direct a further investigation. If sufficient, satisfactory and compelling reasons are shown to exist such prayer must be considered and appropriate orders must be passed. 3. In the result, this writ petition is dismissed but with the specific observation that the petitioner's right to approach the court before which the matter is pending with a request for conducting a further investigation shall remain unfettered by the dismissal of this petition. (R.BASANT, JUDGE) jsr W.P.C.No.19757/08 3 W.P.C.No.19757/08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007