IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 23RD FEBRUARY 2011 / 4TH PHALGUNA 1932 WP(C).No. 36928 of 2010(M) -------------------------- CRL.M.P.NO.4026/2010 IN CC NO.271/2010 OF JUDICIAL FIRST CLASS MAGISTRATE, OTTAPALAM PETITIONER(S): --------------- K.AVARA HAJI,S/O.KUNHI AHAMMAD, KATTUKANDAN HOUSE, OTTAPALAM TALUK, KULIKKILIYADU DESOM,KOTTAPPURAM AMSOM, PALAKKAD DISTRICT. BY ADV. SRI.K.MOHANAKANNAN SMT.A.R.PRAVITHA RESPONDENT(S): --------------- 1. THE SUPERINTENDENT OF POLICE, PALAKKAD 679 513. 2. SUB INSPECTOR OF POLICE, SREEKRISHNAPURAM,PALAKKAD DISTRICT 679 513. 3. MAMMED,S/O.PANAKKADEN MOIDEENKUTTY, KULIKKILIYAD,KOTTAPURAM PO, PALAKKAD DISTRICT 680 584. 4. SAID,S/O.KUNHALAN,KARAKKALAM, KULIKKILIYAD,KOTTAPURAM PO, PALAKKAD DISTRICT 680 584. 5. ASHARAF,S/O.POOZHIKUNNAN SAID, KULIKKILIYAD,KOTTAPURAM PO, PALAKKAD DISTRICT 680 584. 6. MOIDEEN,S/O.THENANKUTTY,KUNNATH HOUSE, KULIKKILIYAD,KOTTAPURAM PO, PALAKKAD DISTRICT 680 584. 7. KUNHIMUSLIAR,S/O.KUNNATH KUNHAYAMMED, KULIKKILIYAD,KOTTAPURAM PO, PALAKKAD DISTRICT 680 584. PUBLIC PROSECUTOR SMT.M.K.PUSHPALATHA FOR R1 & R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- W.P.(C) No.36928 of 2010 ------------------------------------ Dated this the 23rd day of February, 2011. JUDGMENT Petitioner is the defacto complainant in C.C.No.271 of 2010 of the court of learned Judicial First Class Magistrate, Ottappalam. That is a complaint filed against respondent Nos.3 to 7 alleging offences punishable under Section 5 of the Child Marriage Restraint Act (replaced by the Child Marriage Prohibition Act, 2006). Allegation is that respondent Nos.3 to 7 conducted the marriage of two minors. The complaint was forwarded to the Sreekrishnapuram Police for investigation under Section 156(3) of the Code of Criminal Procedure (for short, “the Code”). The Police after investigation submitted a final report excluding respondent Nos.5 to 7 from array of accused. Petitioner filed Crl.M.P.No.4026 of 2010 before the learned Magistrate for further investigation under Section 173 (8) of the Code. That application was allowed by Ext.P3, order. dated September 23, 2010. Grievance of the petitioner is that inspite of that order the Police has not conducted further investigation and is insisting on their earlier conclusion that respondent Nos.5 to 7 are not involved in the commission of the offence. In this petition it is prayed that a direction may be issued to respondent No.1 to conduct further investigation in Crime No.100 of 2010 and to file report before learned Judicial First Class Magistrate, Ottappalam. WP(C) No.36928/2010 2 2. I have heard learned counsel for petitioner and the learned Public Prosecutor. Learned counsel has invited my attention to Ext.P5, a report obtained from Sreekrishnapuram Police Station under the Right to Information Act which according to the learned counsel would show that the Police is still under the impression that respondent Nos.5 to 7 have not committed any offence. Learned Public Prosecutor submitted that a report has been submitted before learned Judicial First Class Magistrate, Ottappalam on 10.11.2010 after further investigation. In that view of matter remedy available to the petitioner is to approach learned Magistrate and seek appropriate relief as provided under law. Without prejudice to that right of petitioner this petition is closed. THOMAS P.JOSEPH, Judge. cks