Criminal miscellaneous petition filed under Section 482 CrPC seeking withdrawal of investigation and transfer to Crime Branch was dismissed with liberty to approach Magistrate under Section 156(3) CrPC, following Sakiri Vasu.
Petition dismissed with liberty to approach Magistrate under Section 156(3) CrPC.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR
TUESDAY, THE 12TH OCTOBER 2010 / 20TH ASWINA 1932
Crl.MC.No. 3669 of 2010()
-------------------------------------(CRIME NO.209/2010 OF KOTTAYAM EAST POLICE STATION, KOTTAYAM DISTRICT)
PETITIONER(S): DEFACTO COMPLAINANT:
--------------------------------------------------------------
G.GOPAKUMAR, S/O.PARAMESWARAN PILLAI, AGED 43 YEARS, GAYATHRI MANDIRAM, THIRUVARP, KOTTAYAM.
BY ADV. SMT.MINI.R.MENON
RESPONDENT(S): STATE:
---------------------------------------
1. THE SUPERINTENDENT OF POLICE, KOTTAYAM REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM.
2. THE STATION HOUSE OFFICER,KOTTAYAM EAST POLICE STATION, THORUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM.
R1 & R2 BY PUBLIC PROSECUTOR SRI. P.A. SALIM
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Kss
M.SASIDHARAN NAMBIAR,J.
CRL.M.C.NO.3669 OF 2010
--------------------------------------------- Dated 12th October, 2010
O R D E R
Petitioner, the de facto
complainant in Crime No.209/2010 of
Kottayam East Police Station filed this petition under Section 482 of Code of Criminal Procedure for a direction to withdraw the investigation and to entrust the same to Crime Branch, contending that
no proper investigation is being conducted. Crime No.209/2010 was registered for the offences under Sections 419, 465, 468, 471 and 120 B read with Section 34 of Indian Penal Code on Annexure-2 complaint
filed by the petitioner before Judicial First Class Magistrate, Kottayam and sent for investigation under Section 156(3) of
2
Crmc 3669/10
Code of Criminal Procedure. FIR was registered on 23/2/2010. As held by the Apex Court in
Sakiri Vasu v. State of U.P (2008 (1) KLT 724 )
when the case of the petitioner is that there is no proper investigation, it is upto the petitioner to approach the concerned Magistrate for necessary directions. With liberty to approach the learned Magistrate under Section 156(3) of Code of Criminal Procedure, petition is dismissed.
M.SASIDHARAN NAMBIAR, JUDGE.
uj.
2 issues framed by the court
Whether this criminal miscellaneous petition seeking withdrawal of investigation and direction to Crime Branch should be allowed despite proper approach to Magistrate.
Whether the petitioner must approach the Magistrate under Section 156(3) CrPC when alleging deficiency in investigation.
Colour shows how this judgement treated each authority
Sakiri Vasu v. State of U.PDistinguished¶29
Sakiri Vasu v. State of U.P (2008 (1) KLT 724)
2 provisions across 1 enactments
G. GOPAKUMAR
STATE
M. SASIDHARAN NAMBIAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court