IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 22ND MAY 2008 / 1ST JYAISHTA 1930 Crl.MC.No. 1634 of 2008() ------------------------- SC.32/2007 of ADDL. SESSIONS COURT (ADHOC-III), KASARAGODE CRIME NO.335/03 OF THE HOSDURG POLICE STATION .................... PETITIONER: ------------ ARAVINDAN MANIKOTH AGED 49 YEARS, S/O. AMBU VAIDHYAR MANAGING EDTOR,'LATEST DAILY'KOOVALPPALLY, KANHANGAD. BY ADV. SRI.C.P.PEETHAMBARAN RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE STATION HOUSE OFFICER, HOSDURG POLICE STATION KANHANGAD, KASARGOD, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. A.H.HASHIM, S/O. HUSSAIN THANGAL CHERUMBA, KALIYADUKKAM,KUNIYA,PULLOOR VILLAGE KASARGOD DISTRICT 3. THE SUPERINTENDENT OF POLICE KASARGOD DISTRICT BY P.P. SRI. GIKKU JACOB. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.1634 of 2008 ---------------------------------------- Dated this the 22nd day of May 2008 O R D E R The petitioner faces indictment in a prosecution for offences punishable under Section 436 I.P.C. He is arrayed as the second accused. According to him, he has absolutely no contumacious involvement in the crime. He is a respectable person of the locality. He has been unnecessarily arrayed as an accused. The petitioner had complained before the Honourable Minister for Home which petition has been forwarded to the Superintendent of Police. In such petition, the petitioner had prayed inter alia that a further investigation may be conducted. No decision has been taken by the Superintendent of Police in that matter. It is in these circumstances that the petitioner has come to this court with a prayer that further investigation may be ordered in the matter. 2. The learned counsel for the petitioner was requested to explain how and why the petitioner has come to this court without and before moving the court concerned for issue of appropriate directions under Section 173(8) Cr.P.C. The learned Crl.M.C.No.1634/08 2 counsel for the petitioner submits that the petitioner had filed an application before the Honourable Minister for Home, Government of Kerala which petition has been forwarded to the Superintendent of Police, Kasaragod and in these circumstances, the petitioner had come to this court directly. I am of the opinion that in the light of the decision in Shaji v. State of Kerala [2003(2) KLT 929] the petitioner has the option for applying before the court concerned for further investigation under Section 173(8) Cr.P.C. I find no merit in the prayer made under Section 482 Cr.P.C by the petitioner without and before exhausting the said remedy available to him under law. 3. This Criminal Miscellaneous Case is in these circumstances dismissed without prejudice to the right of the petitioner to move the court concerned for further investigation under Section 173(8) Cr.P.C. (R.BASANT, JUDGE) jsr Crl.M.C.No.1634/08 3 Crl.M.C.No.1634/08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007