Ramla vs State Of Kerala
2023 Latest Caselaw 4585 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
           THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
 WEDNESDAY, THE 12TH DAY OF APRIL 2023 / 22ND CHAITHRA, 1945
                    CRL.REV.PET NO. 445 OF 2023
      CRIME NO.661/2022 OF NARAKKAL POLICE STATION, ERNAKULAM
     AGAINST THE ORDER/JUDGMENT CR 661/2022 OF TEMPORARY JUDL.
              FIRST CLASS MAGISTRATE COURT, NJARAKKAL
REVISION PETITIONER/PETITIONER :

             RAMLA, AGED 48 YEARS
             W/O PHALGUNAN, ARAKKAPARAMBIL HOUSE,
             PUTHUVYPU POST, VYPIN, KOCHI, PIN - 682 508.
             BY ADV DENIZEN KOMATH


RESPONDENTS/RESPONDENTS :

       1     STATE OF KERALA
             REPRESENTED BY PUBLIC PROSECUTOR,
             HIGH COURT OF KERALA, PIN - 682 031.
       2     STATION HOUSE OFFICER, NJARAKKAL POLICE STATION
             NJARAKKAL POST, VYPIN, KOCHI, PIN - 682 505.
             BY ADV PUBLIC PROSECUTOR NOUSHAD K.A.



THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION
ON    12.04.2023,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 CRL.REV.PET NO. 445/2023
                                                2




                           BECHU KURIAN THOMAS, J
                          ...........................................
                            Crl.Rev.Pet.No.445 of 2023
                             .....................................
                      Dated this the 12th day of April, 2023

                                            ORDER

Revision petitioner is the defacto complainant in Crime

No.661/2022 of Njarakkal Police Station. She is aggrieved by

the alleged laxity in the investigation into the said crime.

Alleging improper investigation, revision petitioner approached

the learned Magistrate with an application as CMP

No.1308/2022 seeking directions to monitor the investigation

and also to include Sections 308 and 451 of the Indian Penal

Code, 1860 as offences committed by the accused.

2. By the impugned order dated 22.02.2023, the learned

Magistrate on noticing that the offences under Sections 341 and

326 of IPC had already been added, came to the conclusion

that a direction to include Sections 308 and 451 of IPC cannot

be entertained because the same is within the realm of

authority of the Investigating Officer. However, the learned

Magistrate directed periodical reports showing the progress of CRL.REV.PET NO. 445/2023

investigation to be submitted by the Investigating Officer.

3. I have heard the learned counsel for the revision petitioner as

well as the learned Public Prosecutor.

4. Even though the learned counsel for the revision petitioner

vehemently submitted that the impugned order is wrong in law,

I could not notice any irregularity or impropriety in the

impugned order. After taking note of the addition of Sections

326 and 341 of IPC, the learned Magistrate concluded that the

court cannot dictate to the investigating officer as to the

manner in which the investigation is to be conducted. I am in

complete agreement with the reasoning of the learned

Magistrate and I find no reason to interfere with the said order.

This Criminal Revision Petition fails, and the same is dismissed.

sd/-

BECHU KURIAN THOMAS JUDGE AMV/12/04/2023 CRL.REV.PET NO. 445/2023

APPENDIX OF CRL.REV.PET 445/2023

PETITIONER ANNEXURES

ANNEXURE A1 TRUE PHOTOCOPY OF FIR IN CRIME NUMBER 661/2022 OF NJARAKKAL POLICE STATION DATED 25/05/2022 ANNEXURE A2 TRUE PHOTOCOPY OF CMP NO. 1308/2022 IN CRIME NUMBER 661/2022 ANNEXURE A3 TRUE PHOTOCOPY OF THE REPORT FILED BY RESPONDENT DATED 04.07.2022 ANNEXURE A4 TRUE CERTIFIED COPY OF THE ORDER DATED 22.02.2023 IN CMP.NO.1308/22 IN CR.NO.661/2022 OF NJARAKKAL POLICE STATION

TRUE COPY