High Court Kerala High Court

Sarosh.R.Krishnan vs Sub Inspector Of Police on 27 November, 2008

Kerala High Court
Sarosh.R.Krishnan vs Sub Inspector Of Police on 27 November, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 34199 of 2008(U)


1. SAROSH.R.KRISHNAN, S/O.RADHAKRISHNAN,
                      ...  Petitioner
2. PUSHPA RADHAKRISHNAN, W/O.RADHAKRISHNAN,

                        Vs



1. SUB INSPECTOR OF POLICE, KASABA POLICE
                       ...       Respondent

2. STATE OF KERALA, REPRESENTED BY

                For Petitioner  :SRI.P.V.KUNHIKRISHNAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice R.BASANT

 Dated :27/11/2008

 O R D E R
                            R. BASANT, J.
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                 W.P.C.No. 34199 of 2008 U
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           Dated this the 27th day of November, 2008

                             JUDGMENT

The grievance of the petitioners is that though

compoundable offences were compounded and that fact was

reported to the police, no action as contemplated in the decision

in Yesudas v. S.I. of Police (2008 (2) KLT 245) was taken by

the Investigation Officer.

2. Notice was given to the learned Prosecutor, who, after

taking instructions submits that the police officer was unaware

of the dictum in Yesudas (supra) and has sought advice from the

learned Prosecutor. By the time he got the advice and later

received an application by registered post on 3.11.2008, he had

already submitted the final report on 2.11.2008.

3. The explanation may not be too convincing, but the fact

remains that the offences are compoundable and the final report

has already been filed. The decision in Yesudas (supra) makes it

clear that if the Investigating Officer does not do the needful

W.P.C.No. 34199 of 200
2

when the composition is reported to him pending investigation the

parties have the option to approach the learned Magistrate with a

petition under Section 320 Cr.P.C. even in the course of investigation.

4. It is unnecessary to go in greater detail in this writ petition.

Suffice it to say that the petitioners can now approach the learned

Magistrate as the final report has already been filed and the case has

been numbered as C.C.792 of 2008 and seek such composition.

5. This Writ Petition is dismissed with the above observations.

(R. BASANT)
Judge

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