Santhosh v. G.Robert and Another
Case brief
What is this about?
In this criminal revision, the High Court set aside an order allowing a belated application for further investigation filed by a complainant instead of the Public Prosecutor. The court directed the Magistrate to pass a speaking order after addressing all relevant aspects regarding delay and impartiality.
What did the court decide?
The impugned order allowing further investigation was set aside. The Chief Judicial Magistrate is directed to dispose of Cr.M.P.No.5900/06 afresh by passing a speaking order.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE V.RAMKUMAR
MONDAY, THE 9TH JULY 2007 / 18TH ASHADHA 1929
Crl.Rev.Pet.No. 2247 of 2007
-----------------------------AGAINST THE ORDER IN CRMP. 5900/2006 IN CC.81/2000 of CHIEF JUDICIAL MAGISTRATE COURT, KOLLAM
REVN. PETITIONER: PETITIONER/ACCUSED NO.3
SANTHOSH, S/O.HARIDAS, KILATHENGIL VEEDU, PUTHEN NADA, THEKKEVILA, KOLLAM.
BY ADV. SRI.V.V.RAJA SRI.M.T.SURESHKUMAR
RESPONDENTS: COMPLAINANT AND STATE
- G.ROBERT, S/O.GEORGE, SREE SAILAM, PATTATHANAM WEST, VADAKKEVILA VILLAGE, SINO TAILORS, KOLLAM BEACH ROAD, KOLLAM.
Issues for consideration
2 issues framed by the court
Whether an application for further investigation under Section 173(8) Cr.P.C. can be filed by a complainant at a belated stage in a police-charged case.
Whether the learned Magistrate was justified in ordering further investigation without considering the reasons for delay or the role of the Public Prosecutor.
Parties & counsel
- applicant
Santhosh
- respondent
G. Robert
- respondent
State of Kerala
Coram
Case details
As recorded by the court registry
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