IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl MC No. 469 of 2008()
1. RAJEEV, AGED 33 YEARS
... Petitioner
Vs
1. STATE OF KERALA REPRESENTED BY THE
... Respondent
2. DEPUTY SUPERINTENDENT OF POLICE
3. ABOOBAKER, KOYA, AGED 49 YEARS
For Petitioner :SMT.SREEKALA KRISHNADAS
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
Dated :05/02/2008
O R D E R
V. RAMKUMAR, J.
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Crl.M.C. No. 469 OF 2008
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Dated this the 5th day of February, 2008
O R D E R
Petitioner who is the sole accused in CC No.382 of 2006 on
the file of the Judicial First Class Magistrate Court II,
Thamarassery for offences punishable under Section 498(A) IPC
seeks to quash Annexure E order dt.06.12.07 passed by the
Magistrate ordering further investigation under Section 173 (8)
CrPC, after the commencement of the trial.
2. The petitioner is a Hindu and the deceased Sophiya was
a Muslim. They had eloped and got married in the month of May
2004. Ever since August 2004, both of them were residing in the
matrimonial home of the petitioner. On 15.04.06, Sophiya
committed suicide by hanging in her matrimonial home allegedly
due to the ill-treatment meted out to her by the petitioner. She
took her life after the midnight on 15.04.2006. Her father lodged a
complaint before the Mukkam police station which registered crime
No.108 of 2006. Subsequently, noticing that the only offence
registered against the petitioner was one punishable under
Section 498(A) IPC and holding the view that no investigation has
Crl.MC No. 469 of 2008
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been conducted with regard to the actual cause of Sophiya
committing suicide, the learned Magistrate on a petition filed by
the father of the deceased ordered further investigation under
Section 173 (8) CrPC. Ordinarily, the accused cannot assail the
said order. Moreover, if he had no role to play in Sophiya
committing suicide as he would contend, he need not worry about
the further investigation the purpose of which is to bring out the
real truth. I am sure that the police will conduct the further
investigation and file a supplementary report expeditiously.
The Crl.MC is dismissed.
V. RAMKUMAR, JUDGE
btt
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