Vs State of Kerala
Case brief
What is this about?
The Kerala High Court dismissed a criminal miscellaneous petition by the second accused seeking a direction for further investigation. The Court held that further investigation after cognizance is for the police and the accused should seek discharge instead.
What did the court decide?
Petition seeking direction for further investigation was dismissed.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR
WEDNESDAY, THE 17TH JUNE 2009 / 27TH JYAISHTA 1931
Crl.MC.No. 270 of 2009()
--------------------------------C.M.P. NO.12945/2008 IN CP.32/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT-II, NEYYATTINKARA
PETITIONER/ACCUSED NO.2
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UNNIKUTTAN, AGED 40 YEARS, S/O.KAMALASANA PANICKER,ERATTAPLAVILA PUTHENVEETTIL, RAMAPURAM, ATHIYANNOOR VILLAGE, THIRUVANANTHAPURAM DISTRICT.
BY ADV. MR.NIREESH MATHEW
RESPONDENT/COMPLAINANT
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Issues for consideration
2 issues framed by the court
Whether an accused has a right to seek further investigation under Section 173(8) CrPC after the Magistrate has taken cognizance.
Whether the High Court should interfere with the dismissal of a petition for further investigation despite allegations of malafides.
Parties & counsel
- petitioner
Unnikuttan
- respondent
State of Kerala
Coram
M. Sasidharan Nambiar
Case details
As recorded by the court registry
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