IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 24223 of 2010(Q)
1. PREMANANDAN,S/O.KARUNAKARAN NAIR,
... Petitioner
Vs
1. THE STATE OF KERALA,REPRESENED BY THE
... Respondent
2. THE DIRECTOR GENERAL OF POLICE,
3. THE SUB INSPECTOR OF POLICE,ERNAKULAM
For Petitioner :SRI.O.V.MANIPRASAD
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
Dated :05/08/2010
O R D E R
V.RAMKUMAR, J.
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W.P(C) No. 24223 of 2010
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Dated this the 5th day of August, 2010
J U D G M E N T
Petitioner is the de facto complainant in Crime
No.1206/2008 of Ernakulam Town South Police station for
offences punishable under Sections 406 and 420 IPC. The
said case, after investigation is now pending before the
Additional Chief Judicial Magistrate Court, Ernakulam as
C.C.No.3206/2009. As permitted by this Court in Ext.P5
judgment in WP(C)No.23726/2009, the petitioner filed
CMP.No.578/2010 before the Court below for further
investigation under Section 173(8) Cr.P.C. The said
petition has now been dismissed for default as evidenced
by Ext.P7 order.
2. Heard both sides. The very purpose for which
the petitioner had once approached this Court and
thereafter approached the Court below was for a direction
to conduct further investigation of the case which
according to the petitioner involves misappropriation to
W.P(C) No.24223 of 2010
: 2 :
the tune of Rs.25,36,800/-. Hence the dismissal of
CMP.No.578/2010 is set aside. Accordingly,
CMP.No.578/2010 filed by the petitioner before the
Additional Chief Judicial Magistrate Court, Ernakulam shall
stand restored to file with a direction to dispose of the
same on merits after giving the petitioner and the
Prosecutor an opportunity of being heard.
V.RAMKUMAR, JUDGE
dmb