IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 10TH NOVEMBER 2008 / 19TH KARTHIKA 1930 Crl.MC.No. 3415 of 2008() ------------------------- C.C.NO.472/08 OF THE JFCM COURT -I, THRISSUR .................... PETITIONER(S): ACCUSED ---------------------- FLEMI K.R. W/O. N.PRAKASH, FLAT NO E2, ATHULYA PARK, POOTHOLE P.O., THRISSUR. BY ADV. SRI.P.SANTHOSH (PODUVAL) RESPONDENT(S): STATE & DEFACTO-COMPLAINANT ------------------------------------------ SECRETARY, THRISSUR DISTRICT POLICE CO-OPERATIVW SOCIETY LTD. NO.491, THRISSUR BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 10/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 3415 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 10th day of November, 2008 O R D E R The petitioner has come to this Court with a grievance that the judgment of this Court dt. 8.2.2008 in W.P.C. 37831 of 2007 has not been complied with. Even before that judgment was pronounced, the final report had already been filed in Crime No.333 of 2007 of Trichur Town East Police Station and the said fact was not brought to the notice of the Court when Annex.B judgment was pronounced. 2. The learned Prosecutor, after taking instructions, submits that it was an error and omission to note that the final report had already been filed before the date on which Annex.B judgment was pronounced. Necessary steps for correction of the error have already been taken and an application under Section 173(8) Cr.P.C. has already been filed before the Magistrate to re- open the investigation. Such application was filed on 13.10.2008. The learned Prosecutor submits that appropriate Crl.M.C.No. 3415 of 2008 2 further investigation shall be conducted and necessary further report shall be filed in compliance with the directions in Annex.B judgment. 3. The learned counsel for the petitioner submits that in the light of the said submission of the learned Prosecutor, which he accepts, it is not necessary to issue any further direction in this Crl.M.C. 4. This Crl.M.C. is accordingly dismissed as agreed. (R. BASANT) Judge tm