IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 17280 of 2008(F)
1. BIJU KURIAKOSE, S/O.O.C.KURIAKOSE,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY ITS
... Respondent
2. DIRECTOR GENERAL OF POLICE,
3. SUPERINTENDENT OF POLICE, KOTTAYAM.
4. DEPUTY SUPERINTENDENT OF POLICE,
5. S.I. OF POLICE, CHINGAVANAM,
For Petitioner :SRI.VIJAI MATHEWS
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :10/06/2008
O R D E R
R.BASANT, J.
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W.P.C.No.17280 of 2008
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Dated this the 10th day of June 2008
J U D G M E N T
The petitioner is the de facto complainant/victim in a crime
registered alleging offences punishable inter alia under Section
326 I.P.C. Investigation is complete. Final report has already
been filed. According to the petitioner, a proper investigation
has not been conducted. The petitioner approached this court
and by Ext.P2 order in W.P.C.No.5290/2007 it was directed that
a further investigation must be conducted under Section 173
Cr.P.C. Further investigation has been conducted by a Deputy
Superintendent of Police. Further final report has already been
filed before the learned Magistrate. It is the submission of the
learned counsel for the petitioner that such further investigation
has not been conducted properly. I shall, for the sake of
arguments assume that the grievance of the petitioner is correct;
but the petitioner has a remedy under law to approach the
learned Magistrate to raise objections against the final report.
The position is made very clear now with the decision in Sakiri
Vasu v. State of U.P & Others [2008 AIR SCW 309]. The learned
W.P.C.No.17280/08 2
counsel for the petitioner submits that since Ext.P2 order is
passed by this court and in these circumstances the learned
Magistrate may not consider the application on merits.
2. I find no merit in that apprehension also. Since
further investigation is directed in Ext.P2 order all incidents of
further investigation will necessarily follow. If the petitioner is
not satisfied with the further investigation and with the further
final report that has been filed, the petitioner’s option to
approach the learned Magistrate and raise his objections shall
remain. The learned Magistrate must consider such objections
and issue appropriate directions if he is satisfied with the need
to issue such directions.
3. This petition is in these circumstances dismissed with
the above observations.
(R.BASANT, JUDGE)
jsr
// True Copy// PA to Judge
W.P.C.No.17280/08 3
W.P.C.No.17280/08 4
R.BASANT, J.
CRL.M.CNo.
ORDER
21ST DAY OF MAY2007