High Court Kerala High Court

Anandakuttan vs State Of Kerala on 8 October, 2010

Kerala High Court
Anandakuttan vs State Of Kerala on 8 October, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 3791 of 2010()


1. ANANDAKUTTAN, AGED 52 YEARS, S/O.
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REP. BY PUBLIC
                       ...       Respondent

2. THE DIRECTOR GENERAL OF POLICE,

3. CIRCLE INSPECTOR OF POLICE,

4. S.I. OF POLICE,

5. SREEJITH, S/O. RAVEENDRAN PILLAI,

                For Petitioner  :SRI.A.T.ANILKUMAR

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :08/10/2010

 O R D E R
          M.SASIDHARAN NAMBIAR,J.

           ---------------------------------------------
             CRL.M.C.NO.3791 OF 2010
           ---------------------------------------------
            Dated        8th    October, 2010


                          O R D E R

On 12/9/2009 at about 5.15 p.m

while petitioner was riding the scooter

with his wife Omanaas the pillion rider, a

tipper lorry dashed against the scooter

and caused the death of Omana. Crime

No.228/2209 of Muhamma Police Station was

registered for the offence under Section

304 of Indian Penal Code. Petitioner filed

C.M.P.8746/2009 before Judicial First

Class Magistrate’ Court-II, Cherthala under

Section 156(3) of Code of Criminal

Procedure for giving necessary directions

to conduct proper investigation. By

Annexure-B order dated 11/2/2010, learned

Magistrate gave certain directions and

Crmc 3791/10
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directed the Investigating Officer to file a

final report, as early as possible. This

petition is filed under Section 482 of Code of

Criminal Procedure contending that final report

has not been submitted and no proper

investigation is being conducted.

2. Learned counsel appearing for the

petitioner and learned Public Prosecutor were

heard.

3. Argument of the learned counsel

is that in spite of Annexure-B order, no proper

investigation is conducted and in such

circumstances, a direction is to be issued to

submit a final report within a time frame.

4. Learned Public Prosecutor on

instructions submitted that the case is being

investigated and subsequently, the

investigation was handed over to the Circle

Crmc 3791/10
3

Inspector of Police, Mararikulam and present

Circle Inspector is investigating the case from

31/7/2010 and investigation would be completed

as early as possible.

5. Case was originally being

investigated by Sub Inspector. Subsequent to

Annexure-B order, Circle Inspector has taken

over the investigation. It is not in the

interest of justice to fix a time frame as

sought for. Circle Inspector of Police,

Mararikulam is directed to complete the

investigation, as expeditiously as possible and

file a final report before the learned

Magistrate.

Petition is disposed.

M.SASIDHARAN NAMBIAR,
JUDGE.

uj.