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.