IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 4TH MAY 2010 / 14TH VAISAKHA 1932 Crl.MC.No. 1329 of 2010() ------------------------- CRIME NO.1179/2009 AND 97/2010 OF the PANANGAD POLICE STATION PETITIONER/ ACCUSED: ----------------------- K.L.JOSEPH, S/O.LATE LONAN, KAITHRA HOUSE, SHINE ROAD, POONITHURA VILLAGE, VYTTILA, COCHIN-19. BY ADV. SRI.P.F.FRANCIS RESPONDENT/ COMPLAINANT: --------------------------- STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, PANANGAD POLICE STATION REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR: SMT K MEERA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P JOSEPH,J --------------------------------------- Crl.M.C.NO. 1329 OF 2010 ------------------------------------------ Dated this the 4th day of May, 2010. O R D E R Petitioner is accused in Crime Nos.1179/2009 and 97/2010, both of Panangad Police Station. Crime No.1179/09 is for offences punishable under Sections.406 and 420 r/w Sec.34 IPC, while Crime No.97/2010 is for offences punishable under Sections 406 and 420 IPC. Petitioner is the Managing Partner of a financial firm, K.V.Theo being another partner. Allegation is that petitioner at the instance of the said Theo cheated some of the subscribers and misappropriated their money. The grievance of petitioner is that along with him, the said K.V.Theo is not made a party in the Crime cases. I have heard learned counsel for the petitioner and learned Public Prosecutor. It is not within the relm of the court to direct the Investigating Crl.M.C.NO. 1329 OF 2010 2 Officer to implicate another person also in the crime case. It is for the Investigating Officer to decided whether any other person is also involved in the commission of the offences alleged. Though in respect of including a particular offence in the case, this court has held in Balachandran v State of Kerala (2009 (4)KLT 79) that the Magistrate cannot direct the Investigating Officer to incorporate a particular offence and investigate. It is for the Investigating Officer at the stage of investigation to decide who are all involved in the cases, and what all the offences are made out of. Learned Public Prosecutor submits that the said K.P.Theo has been made a party in both cases. I do not find any merit in the petition and accordingly, it is dismissed. THOMAS P JOSEPH,JUDGE. pm