G.Gopakumar vs The Superintendent Of Police on 12 October, 2010

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Kerala High Court
G.Gopakumar vs The Superintendent Of Police on 12 October, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 3669 of 2010()


1. G.GOPAKUMAR, S/O.PARAMESWARAN PILLAI,
                      ...  Petitioner

                        Vs



1. THE SUPERINTENDENT OF POLICE, KOTTAYAM
                       ...       Respondent

2. THE STATION HOUSE OFFICER,KOTTAYAM

                For Petitioner  :SMT.MINI.R.MENON

                For Respondent  : No Appearance

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :12/10/2010

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

           ---------------------------------------------
             CRL.M.C.NO.3669 OF 2010
           ---------------------------------------------
           Dated         12th October, 2010


                          O R D E R
                Petitioner,                  the        de   facto

complainant      in         Crime            No.209/2010        of

Kottayam East Police Station filed this

petition under Section 482 of Code of

Criminal Procedure for a direction to

withdraw the investigation and to entrust

the same to Crime Branch, contending that

no proper investigation is being

conducted. Crime No.209/2010 was registered

for the offences under Sections 419, 465,

468, 471 and 120 B read with Section 34 of

Indian Penal Code on Annexure-2 complaint

filed by the petitioner before Judicial

First Class Magistrate, Kottayam and sent

for investigation under Section 156(3) of

Crmc 3669/10
2

Code of Criminal Procedure. FIR was registered

on 23/2/2010. As held by the Apex Court in

Sakiri Vasu v. State of U.P (2008 (1) KLT 724)

when the case of the petitioner is that there

is no proper investigation, it is upto the

petitioner to approach the concerned Magistrate

for necessary directions. With liberty to

approach the learned Magistrate under Section

156(3) of Code of Criminal Procedure, petition

is dismissed.

M.SASIDHARAN NAMBIAR,
JUDGE.

uj.

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