IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 1ST OCTOBER 2010 / 9TH ASWINA 1932 Crl.MC.No. 3540 of 2010() -------------------------------------- CRIME NO.744/2007 OF KOTTAYAM WEST POLICE STATION. ............. PETITIONER(S): DEFACTO COMPLAINANT ------------------------------------------------------------ V.GOKULAN, GOKUL NIVAS, CULB ROAD, KOTTAYAM , REPRESENTED BY POWER OF ATTORNEY VINOD G.PAI,S/O.GOKULAN, GKULAN HOUSE, TEMPLE ROAD, THIRUNAKKARA, KOTTAYAM -1 BY ADV. SRI.S.SREEKUMAR RESPONDENT(S): STATE- COMPLAINANT ----------------------------------------------------------- 1. STATE OF KERALA, REPRESETNED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM 2. THE DEPUTY SUPERINTENDENT OF POLICE CB CID,OCW-11,KOTTAYAM SUB UNIT HEAD QUARTERS AT ERNAKULAM. PUBLIC PROSECUTOR SMT.M.K.PUSHPALATHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.3540 OF 2010 --------------------------------------------- Dated 1st October, 2010 O R D E R Petition is filed under Section 482 of Code of Criminal Procedure to direct the second respondent to complete the investigation after custodial interrogation of the accused and seizure of the forged Power of Attorney within a time limit and entrust the investigation to an officer not below the rank of DIG of Police. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. By Annexure-II order dated 2/12/2008, this Court handed over the investigation of Crime No.744/2007 to the Deputy Superintendent of Police with a direction that he shall submit periodical Crmc 3540/10 2 reports every month and first report shall be filed on or before 1/1/2009 and the learned Magistrate shall monitor the investigation and issue appropriate directions from time to time. Petitioner thereafter filed W.P.C.26476/2009 contending that the investigation is not being properly conducted and therefore, the investigation is to be handed over to the Crime Branch. By Annexure-III judgment dated 29/10/2009, this Court directed Director General of Police to hand over the investigation to Crime Branch with a direction that it may be investigated by an officer not below the rank of Deputy Superintendent of Police. While Deputy Superintendent of Police was investigating, accused 1 and 2 got anticipatory bail from the Sessions Court by Annexure-IV order. Annexure-V statement and Annexure-VI order of the learned Magistrate Crmc 3540/10 3 show that Investigating Officer, the Deputy Superintendent of Police, Crime Branch, CID, OCW-II, Ernakulam sought permission of the Court to conduct polygraph test and it was allowed subjected to the condition that it could be done only if accused are willing. It is thereafter this petition is filed. Petitioner has to approach the learned Magistrate as held by the Apex Court in Sakiri Vasu v. State of U.P (2008 (1) KLT 724) if he needs any direction with regard to the investigation, as Annexure-II order itself shows that learned Magistrate has to monitor the investigation. In such circumstances, granting liberty to the petitioner to approach the Magistrate, petition is disposed. M.SASIDHARAN NAMBIAR, JUDGE. uj. Crmc 3540/10 4