IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 34199 of 2008(U)
1. SAROSH.R.KRISHNAN, S/O.RADHAKRISHNAN,
... Petitioner
2. PUSHPA RADHAKRISHNAN, W/O.RADHAKRISHNAN,
Vs
1. SUB INSPECTOR OF POLICE, KASABA POLICE
... Respondent
2. STATE OF KERALA, REPRESENTED BY
For Petitioner :SRI.P.V.KUNHIKRISHNAN
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :27/11/2008
O R D E R
R. BASANT, J.
- - - - - - - - - - - - - - - - - - - - - -
W.P.C.No. 34199 of 2008 U
- - - - - - - - - - - - - - - - - - - - - -
Dated this the 27th day of November, 2008
JUDGMENT
The grievance of the petitioners is that though
compoundable offences were compounded and that fact was
reported to the police, no action as contemplated in the decision
in Yesudas v. S.I. of Police (2008 (2) KLT 245) was taken by
the Investigation Officer.
2. Notice was given to the learned Prosecutor, who, after
taking instructions submits that the police officer was unaware
of the dictum in Yesudas (supra) and has sought advice from the
learned Prosecutor. By the time he got the advice and later
received an application by registered post on 3.11.2008, he had
already submitted the final report on 2.11.2008.
3. The explanation may not be too convincing, but the fact
remains that the offences are compoundable and the final report
has already been filed. The decision in Yesudas (supra) makes it
clear that if the Investigating Officer does not do the needful
W.P.C.No. 34199 of 200
2
when the composition is reported to him pending investigation the
parties have the option to approach the learned Magistrate with a
petition under Section 320 Cr.P.C. even in the course of investigation.
4. It is unnecessary to go in greater detail in this writ petition.
Suffice it to say that the petitioners can now approach the learned
Magistrate as the final report has already been filed and the case has
been numbered as C.C.792 of 2008 and seek such composition.
5. This Writ Petition is dismissed with the above observations.
(R. BASANT)
Judge
tm