High Court of KeralaOP(Crl.)/307/2015disposed of

Michael Thomas v. State Of Kerala

2015-09-30Honourable Mr. Justice B.Kemal Pasha4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA WEDNESDAY, THE 30TH DAY OF SEPTEMBER 2015/8TH ASWINA, 1937 OP(Crl.).No. 307 of 2015 (Q) ----------------------------- CRL.M.P.NO. 5466/2015 IN CRIME NO.448/2013 OF MANGALAM DAM POLICE STATION. .........

PETITIONER:

------------------- MICHAEL THOMAS, S/O.THOMAS, AGED 66 YEARS, MANIMURIYIL VEEDU, KOTTAMURY P.O, THRIKEDITHANAM, CHANGANASSERY TALUK, KOTTAYAM DISTRICT.

BY ADV. SRI.P.KURUVILLA JACOB RESPONDENT(S):

--------------------------

1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682 031.

2. SUB INSPECTOR OF POLICE, MANGALAM DAM POLICE STATION, PALAKKAD DISTRICT - 678 001.

BY PUBLIC PROSECUTOR SMT.P.MAYA THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 30-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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OP(Crl.).No. 307 of 2015 (Q) -------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:

------------------------------------- EXT.P1TRUE COPY OF THE PETITIONER'S COMPLAINT DATED 25.5.2013 (CRL.M.P.NO.1470/2013) FILED BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, CHANGANACHERRY.

EXT.P2TRUE COPY OF FIR NO.448/13 DATED 6.6.13 REGISTERED BY 2ND RESPONDENT PURSUANT TO THE LODGING OF EXT P1 COMPLAINT.

EXT.P3TRUE COPY OF CRL.M.P.NO.5466/2014 FILED BY PETITIONER BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, ALATHUR IN CRIME NO.448 /2013 OF THE MANGALAM DAM POLICE STATION AT PALAKKAD.

EXT.P4TRUE COPY OF ORDER DATED 13.8.15 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, ALATHUR DISMISSING EXT.P3 APPLICATION ALONG WITH CRL.M.P NO.5335/2015 FILED BY THE ASSISTANT SUB INSPECTOR UNDER 2ND RESPONDENT.

RESPONDENTS' EXHIBITS:

NIL.

//TRUE COPY// P.S. TO JUDGE mbr/

B.KEMAL PASHA, J.

================ O.P.(Crl.) No. 307 of 2015 ======================= Dated this the 30th day of September, 2015

JUDGMENT

Heard the learned counsel for the petitioner and the learned Public Prosecutor.

2. According to the learned counsel for the petitioner, the investigation of the case is being delayed and there is no attempt to file the final report in the matter. The learned Public Prosecutor has reported that the statements of some of the witnesses under Section 164 Cr.P.C are to be recorded and presently, permission has already been obtained for the same. In all other respects, the investigation is complete.

3. The Investigating Officer is directed to expedite the investigation and complete the investigation as expeditiously as possible, at any rate, within a period of

O.P.(Crl.) No. 307 of 2015 'two' months from today and file the final report in the matter.

With the said direction, this Original Petition is disposed of.

Sd/- B.KEMAL PASHA, JUDGE stu