K.P.Moosakutty v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE P.UBAID MONDAY, THE 2ND DAY OF MARCH 2015/11TH PHALGUNA, 1936 Crl.MC.No. 6958 of 2014 (C) ------------------------------------- CRIME NO. 664/2010 OF MANJERI POLICE STATION , MALAPPURAM PETITIONER/ACCUSED:

------------------------------------ K.P.MOOSAKUTTY, AGED 50 YEARS, S/O.AHAMEDKUTTY HAJI, KONDOTTIHASSAN HOUSE, M/S RAMZAN TRAVELS AND RAMZAN HAJI GROUP, MANJERI POST, MALAPPURAM DISTRICT.

BY ADVS.SRI.K.M.JAMALUDHEEN SMT.LATHA PRABHAKARAN RESPONDENT/DE-FACTO COMPLAINANT:

--------------------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, (THROUGH THE CIRCLE INSPECTOR OF POLICE, MANJERI POLICE STATION, MANJERI, MALAPPURAM DISTRICT.) BY PUBLIC PROSECUTOR, SMT. S. HYMA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02-03-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl.MC.No. 6958 of 2014 (C) ----------------------------------- APPENDIX PETITIONER'S EXHIBITS ------------------------------------- ANNEXURE A- COPY OF THE FIR IN CRIME NO.664/2010 OF MANJERI POLICE STATION.

RESPONDENT'S EXHIBITS: NIL --------------------------------------- //TRUE COPY// P.A. TO JUDGE DST

P. UBAID, J.

--------------------------------------- Crl.M.C.No.6958 of 2014 --------------------------------------- Dated this the 2nd day of March, 2015

O R D E R

The petitioner herein is the accused in Crime No.664/2010 of the Manjeri Police Station. His prayer here is to direct the police/investigating officer in the crime to complete investigation and submit final report within a time frame fixed by the court. It is submitted that in an earlier proceeding brought by the petitioner to quash the FIR, this Court had observed that the petitioner can seek proper remedies as and when final report is submitted by the police. Now, his grievance is that the investigating officer is not serious on investigation. It is well settled that this Court cannot intrude into the process of investigation and direct the police to investigate this way or that way, or to submit final report within a time frame. Investigation is the province of the investigating officer, and he will naturally take his own time to complete investigation. However, a direction can be made to expedite the process, and see that final report is submitted at the earliest, because delay in procedure

Crl.M.C.No.6958 of 2014 will definitely cause prejudice and hardship to the accused. Now, there is report that some more time is required to complete the investigation. The explanation given by the investigating officer for the delay at this stage is acceptable, that the material documents will have to be scientifically examined. Any way, direction to submit final report within a time frame will be inappropriate.

In the result, this Crl.M.C. is closed, with direction to the investigating officer that necessary steps as part of investigation shall be expedited, and steps shall be taken to complete the investigation and submit final report, at the earliest. Sd/- P. UBAID, JUDGE sd