High Court Kerala High Court

Rajeev vs State Of Kerala Represented By The on 5 February, 2008

Kerala High Court
Rajeev vs State Of Kerala Represented By The on 5 February, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl MC No. 469 of 2008()


1. RAJEEV, AGED 33 YEARS
                      ...  Petitioner

                        Vs



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

2. DEPUTY SUPERINTENDENT OF POLICE

3. ABOOBAKER, KOYA, AGED 49 YEARS

                For Petitioner  :SMT.SREEKALA KRISHNADAS

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :05/02/2008

 O R D E R
                             V. RAMKUMAR, J.

                           -------------------------------

                         Crl.M.C. No. 469 OF 2008

                         -----------------------------------

                Dated this the 5th day of February, 2008


                                   O R D E R

Petitioner who is the sole accused in CC No.382 of 2006 on

the file of the Judicial First Class Magistrate Court II,

Thamarassery for offences punishable under Section 498(A) IPC

seeks to quash Annexure E order dt.06.12.07 passed by the

Magistrate ordering further investigation under Section 173 (8)

CrPC, after the commencement of the trial.

2. The petitioner is a Hindu and the deceased Sophiya was

a Muslim. They had eloped and got married in the month of May

2004. Ever since August 2004, both of them were residing in the

matrimonial home of the petitioner. On 15.04.06, Sophiya

committed suicide by hanging in her matrimonial home allegedly

due to the ill-treatment meted out to her by the petitioner. She

took her life after the midnight on 15.04.2006. Her father lodged a

complaint before the Mukkam police station which registered crime

No.108 of 2006. Subsequently, noticing that the only offence

registered against the petitioner was one punishable under

Section 498(A) IPC and holding the view that no investigation has

Crl.MC No. 469 of 2008

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been conducted with regard to the actual cause of Sophiya

committing suicide, the learned Magistrate on a petition filed by

the father of the deceased ordered further investigation under

Section 173 (8) CrPC. Ordinarily, the accused cannot assail the

said order. Moreover, if he had no role to play in Sophiya

committing suicide as he would contend, he need not worry about

the further investigation the purpose of which is to bring out the

real truth. I am sure that the police will conduct the further

investigation and file a supplementary report expeditiously.

The Crl.MC is dismissed.

V. RAMKUMAR, JUDGE

btt

Crl.MC No. 469 of 2008

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