High Court Kerala High Court

M.K.Sunny vs State Of Kerala on 18 February, 2010

Kerala High Court
M.K.Sunny vs State Of Kerala on 18 February, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 4066 of 2009()


1. M.K.SUNNY, S/O. KURIAN,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY THE
                       ...       Respondent

2. SUB INSPECTOR OF POLICE,

                For Petitioner  :SRI.JOHN VARGHESE

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :18/02/2010

 O R D E R
            M.SASIDHARAN NAMBIAR,J.
          ===========================
          CRL.M.C.No. 4066    OF 2009
          ===========================

    Dated this the 18th day of February,2010

                     ORDER

This petition is filed under section 482 of

the Code of Criminal Procedure for a direction

to the second respondent to file a final report

forthwith in Crime No.566/2008 of Vaikom

Police Station after conducting proper

investigation. The case of the petitioner is

that eventhough Annexure A1 complaint filed

before Judicial First Class Magistrate, Vaikom

was sent for investigation under section 156(3)

of the Code of Criminal Procedure and the crime

was registered, no proper investigation was

conducted and petitioner had filed Annexure A2

petition before the learned Magistrate under

section 156(3) of the Code of Criminal

Procedure showing the name of the details of

the vehicle including the R.C owner and still

Crl.M.C.4066/2009 2

proper investigation is not being conducted and

therefore a direction is to be issued.

2.Learned counsel appearing for the petitioner

and the learned Public Prosecutor were heard.

3. Annexure A3 report submitted before the

Judicial First Class Magistrate, Vaikom by the

Investigating Officer on 22.9.2009 shows that

though the details of the registered owner was

procured, Investigating Officer could not find him

as the addressee was not there and the concern is

not now working. There is force in the submission

of the learned counsel appearing for the petitioner

that there is no proper investigation.

4. Learned Public Prosecutor submitted that

subsequent to the filing of the petition, the

registered owner was questioned and it is revealed

that he has sold the vehicle in 2003 itself and he

could not give the further particulars. It is up

to the Investigating Officer to trace out the

vehicle as well as the person who was driving the

vehicle on the date of the incident. The report

does not show that any attempt was made to trace

Crl.M.C.4066/2009 3

out the vehicle or to find out who is now using the

vehicle.

5. In such circumstances, petition is disposed

of directing the second respondent to conduct a

proper investigation to be supervised by the

concerned Circle Inspector of Police. The

Investigating Officer must investigate the case

properly. If there was no change of registration

subsequently, the registered owner must be in a

position to say who was using the vehicle on the

date of the incident. It is up to the

Investigating Officer to find out who was actually

driving the vehicle on the date of the incident.

The Investigating Officer shall submit reports

showing the progress of the investigation once in

three weeks before the Judicial First Class

Magistrate, Vaikom.

M.SASIDHARAN NAMBIAR
JUDGE
tpl/-

M.SASIDHARAN NAMBIAR, J.

———————

W.P.(C).NO. /06

———————

JUDGMENT

SEPTEMBER,2006