High Court Kerala High Court

Sibi Antony vs State Of Kerala on 31 May, 2010

Kerala High Court
Sibi Antony vs State Of Kerala on 31 May, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 921 of 2010()


1. SIBI ANTONY, ALIAS OUSEPH,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY THE
                       ...       Respondent

                For Petitioner  :SRI.MATHAI VARKEY MUTHIRENTHY

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :31/05/2010

 O R D E R
                       V.RAMKUMAR, J.
                -------------------------------------
                 Crl.M.C.No.921 of 2010
                --------------------------------------
           Dated this the 31st day of May, 2010

                              ORDER

The accused, in Crime No.478 of 2006 of North Paravur

Police Station originally registered for an offence punishable

under Section 498 I.P.C. for enticing the de facto complainant,

a married woman and now pending before the Additional

Sessions Court (Adhoc-III), North Paravur as SC 375/09,

challenges Annexure A-I order dated 27/2/2010 as per which

the learned Additional Sessions Judge permitted the Circle

Inspector of Police, North Paravoor to conduct further

investigation under Section 173(8) Code of Criminal

Procedure on the report of the prosecutor in charge of the

case that an offence punishable under Section 376 I.P.C. was

also prima facie made out.

2. The learned counsel appearing for the petitioner

submitted that it is the second time a further investigation is

permitted by the trial court and the sword of Damocles is

unnecessarily kept hanging over the head of the petitioner.

The counsel also submitted that even assuming that there is a

case for further investigation, the trial of the case should not

have been stopped to the detriment of the petitioner.

Crl.M.C.No. 921/2010 : 2 :

3. First of all, the petitioner/accused has no locus

standi to challenge the further investigation of the case.

Secondly this is a case in which, according to the de facto

complainant, the petitioner was trying to blackmail by taking

her photograph in a mobile phone and that evidence of the

alleged rape punishable under Section 376 I.P.C also has to be

collected during the further investigation in the matter.

4. Legally speaking the investigating officer need only

report about the further investigation which is actually the

prerogative of the police. There is no need for the Court to

grant permission to conduct further investigation. The

purpose of seeking formal permission of the Court is only to

inform the Court about the further investigation so that

further trial of the case shall not be proceeded with. The

contention of the petitioner that the Court below should have

proceeded with the case during further investigation, cannot

be upheld. No grounds have been made to interfere with the

impugned order passed by the Court below. The Court below

shall proceed with the case after receipt of the supplementary

final report.

V.RAMKUMAR, JUDGE

skj