Kerala High Court
Thaslim vs State Of Kerala on 8 June, 2022
OP(CRL.) NO. 388 OF 2019 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
WEDNESDAY, THE 8TH DAY OF JUNE 2022 / 18TH JYAISHTA, 1944
OP(CRL.) NO. 388 OF 2019
CRIME NO.633/2017 OF Chalakkudy Police Station, Thrissur
IN CC 1692/2017 OF JUDICIAL MAGISTRATE OF FIRST CLASS - I,
CHALAKUDY
PETITIONER:
THASLIM, AGED 28 YEARS
D/O.KABEER, KALLUPARAMBIL HOUSE, CHALAKKUDI P.O.,
THRISSUR DISTRICT- 680307.
BY ADV JOSEPH SEBASTIAN PURAYIDAM
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN-682031.
2 THE SUPERINTENDENT OF POLICE,
DISTRICT POLICE OFFICE, THRISSUR RURAL, AYYANTHOL,
THRISSUR DISTRICT-680003.
3 THE STATION HOUSE OFFICER,
CHALAKKUDI POLICE STATION, CHALAKKUDI,
THRISSUR DISTRICT, PIN- 680307.
4 BINAS,AGED 33 YEARS
S/O.MUHAMMED ALI, KOPPARAMBIL HOUSE, THALIKULAM,
VALAPPAD, THRISSUR DISTRICT- 680569.
5 MUHAMMED ALI,KOPPARAMBIL HOUSE, THALIKULAM,
VALAPPAD, THRISSUR DISTRICT- 680569.
6 NASIM, KOPPARAMBIL HOUSE, THALIKULAM, VALAPPAD,
THRISSUR DISTRICT- 680569.
R1 TO R3 BY SRI.P.G.MANU - SR.PUBLIC PROSECUTOR
R4 TO R6 BY ADV SRI.P.VENUGOPAL (1086/92)
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
08.06.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP(CRL.) NO. 388 OF 2019 2
JUDGMENT
The petitioner herein is the de facto complainant in
C.C.No.1692/2017 on the file of the Judicial First Class Magistrate
Court, Chalakkudy. The respondent Nos. 4 to 6 are the accused.
It is submitted that the 6th respondent is no more.
2. The offence alleged against the respondent Nos.4 to 6 is
punishable under Section 498A of IPC.
3. The court below framed charge against the accused and
the trial commenced. Even though summons was issued to CW1,
his presence could not be procured. At that time, the petitioner
filed Ext.P9 petition at the court below to conduct further
investigation. The said petition was dismissed by the court below
as per Ext.P10 order. The said order is under challenge in this
Original Petition.
4. I have heard Sri.Joseph Sebastian, the learned counsel
for the petitioner, Sri.P.Venugopal, the learned counsel for the
respondent Nos.4 to 6 and Sri.P.G.Manu, the learned Senior Public
Prosecutor.
5. The law with regard to the power of the Magistrate to
order further investigation after final report is filed and cognizance
is taken is now well settled. The Supreme Court in Vinubhai
Haribhai Malaviya and others v. State of Gujarat and another
(2019(5) KHC 352 (SC) has categorically held that the power under
Section 173(8) of Cr.P.C is available to the Magistrate at all stages
of the progress of a criminal case, but before trial actually
commences. In the very same decision, it is stated that the trial
commences with the framing of charges. The proceedings of the
court below would show that the charge against the accused was
framed by the court below on 29.5.2018. Thus, the Magistrate is
incompetent to order further investigation under Section 173(8) of
Cr.P.C. Hence, I find no reason to interfere with Ext.P10 order.
Accordingly, the Original Petition (Crl.) is dismissed.
Sd/-
DR. KAUSER EDAPPAGATH
ab JUDGE
APPENDIX OF OP(CRL.) 388/2019
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE COMPLIANT DATED
02.05.2017 MADE BY THE PETITIONER TO THE
SUB INSPECTOR OF POLICE, CHALAKKUDI
POLICE STATION.
EXHIBIT P2 TRUE COPY OF THE FIR DATED 02.05.2017
WITH FIRST INFORMATION STATEMENT OF THE
DEFACTO COMPLAINANT IN CRIME 633/2017 OF
CHALAKKUDI POLICE STATION.
EXHIBIT P3 TRUE COPY OF THE FINAL REPORT DATED
24.05.2017 IN CRIME NO.633/2017 OF
CHALAKKUDI POLICE STATION.
EXHIBIT P4 TRUE COPY OF THE COMPLAINT DATED
03.12.2018 SUBMITTED BY THE PETITIONER TO
THE 2ND RESPONDENT.
EXHIBIT P5 TRUE COPY OF THE REPORT DATED NIL FILED
BY THE POLICE INSPECTOR, CHALAKKUDI
POLICE STATION, BEFORE THE JUDICIAL FIRST
CLASS MAGISTRATE COURT, CHALAKKUDI.
EXHIBIT P6 TRUE COPY OF THE JUDGMENT IN O.P.
(CRL)NO.264/2019 DATED 14.06.2019.
EXHIBIT P7 TRUE COPY OF THE ORDER PASSED BY THE
FAMILY COURT, IRINJALAKKUDA DATED
29.01.2018 IN I.A.NO.4003/2017 IN
O.P.NO.440/2017.
EXHIBIT P8 TRUE COPY OF THE MEDICAL BOARD
EXAMINATION REPORT DATED 10.04.2018 OF
THE 4TH RESPONDENT.
EXHIBIT P9 TRUE COPY OF THE CMP NO.7552/2019 DATED
29.07.2019 IN C.C.NO.1692/2017 FILED BY
THE PETITIONER BEFORE THE JUDICIAL FIRST
CLASS MAGISTRATE COURT, CHALAKKUDI.
EXHIBIT P10 TRUE COPY OF THE ORDER DATED 12.08.2017
PASSED BY THE JUDICIAL FIRST CLASS
MAGISTRATE COURT, CHALAKKUDI.
EXHIBIT P11 TRUE COPY OF THE LETTER DATED 17.08.2019
ISSUED BY THE POLICE INSPECTOR,
CHALAKKUDY POLICE STATION TO THE
PETITIONER.
RESPONDENTS EXHIBITS: NIL
