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.
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CRL.M.C.NO.3791 OF 2010
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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
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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.