Single Judge allowed further investigation under Section 173(8) CrPC by interpreting the police report, assuming intent was not re-investigation, and set a two-month timeline for its completion.
Permission for further investigation under Section 173(8) Cr.PC granted to be completed within two months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
TUESDAY, THE 10TH DAY OF DECEMBER 2019 / 19TH AGRAHAYANA, 1941
Crl.MC.No.8741 OF 2019(C)
AGAINST THE ORDER/JUDGMENT IN CC 50/2015 OF JUDICIAL MAGISTRATE OF FIRST CLASS-I , HARIPAD
CRIME NO.1074/2013 OF Kareelakulangara Police Station , Alappuzha
PETITIONER/ACCUSED:
R.JAIKRISHNAN@JAIKRISHNAN NAIR R, AGED 52 YEARS
S/O RAMA CHANDRAN NAIR R, CHANDRAMANGALAM , KRISHNA SREE, KOOTAMVILA LINE 3, VATTIYOORKAVU P.O, TRIVANDRUM DIST.
BY ADV. SHRI.SREEDEV U
RESPONDENTS/STATE:
1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM- 31.
2 DEPUTY SUPERINTENDENT OF POLICE OFFICE OF THE DY.S P , KAYAMKULAM, ALAPPUZHA DIST, PIN- 690 502.
3 STATION HOUSE OFFICER KAREELAKULANGARA POLICE STATION, ALAPUZHA , PIN- 690 572
OTHER PRESENT:
SRI.C.S.HRITHWIK SR PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10.12.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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O R D E R
Dated this the 10th day of December 2019
Petitioner is the accused in CC No.50/2015 on the files of the Judicial First Class Magistrate's Court-I, Harippad for having allegedly committed offences punishable under Sections 468, 471, 409 and 420 IPC.
therefore permitted further investigation. The learned counsel for the petitioner submits that there is
Crl.MC 8741/2019
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absolutely no material or evidence which has been recovered so as to conduct further investigation of the matter. I do not find anything illegal in such ordering of further investigation. But, at the same time, being a case of 2015, the matter has to be expedited and the further investigation if any under Section 173(8) Cr.PC shall be completed as expeditiously as possible, at any rate within a period of two months.
With these observations, the Criminal M.C. is disposed of.
Sd/-
ASHOK MENON
JUDGE
jg
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APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A1 THE TRUE COPY OF FIR NO.1074/2013 DATED 27.12.2013 OF KAREELAKULANGARA POLICE STATION.
ANNEXURE A2 THE TRUE COPY OF FINAL CHARGE DATED 21.11.14 OF KAREELAKULANGARA POLICE STATION. ANNEXURE A3 THE TRUE COPY OF ORDER IN CRL.MC NO. 265/2018 DATED 15.10.2018 OF THIS HON'BLE COURT. ANNEXURE A4 THE TRUE COPY OF THE REPORT OF THE 2ND RESPONDENT DATED 14.06.2019. ANNEXURE A5 THE TRUE COPY OF THE ECOURT CASE STATUS OF JFCM NO.1 ALAPPUZHA DATED NIL. ANNEXURE A6 THE TRUE COPY OF THE REPLY UNDER RTI ACT ISSUED BY THE UNDER SECRETARY /STATE PUBLIC INFORMATION OFFICER, INDUSTRIAL DEPARTMENT, TRIVANDRUM DATED 04.11.2016.
2 issues framed by the court
Whether the Magistrate can order further investigation under Section 173(8) Cr.PC after a report has already been filed.
Whether the reporting officer intended to conduct re-investigation or further investigation.
1 provisions across 1 enactments
R.JaiKrishnan@JaiKrishnan Nair R
State of Kerala
Ashok Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
