2025 Supreme(Online)(KER) 6409
HIGH COURT OF KERALA
G. GIRISH, J
ADV. AYUB KHAN – Appellant
Versus
STATE OF KERALA – Respondent
Crl.MC 4260/2020
ADVS.RINNY STEPHEN CHAMAPARAMPIL SMT.ASHA ELIZABETH MATHEW
The court ruled that once an investigation is concluded and a final report is filed, the petition for directing further investigation loses significance, but the petitioner retains the right to seek further investigation if aggrieved.
Headnote:(A) Code of Criminal Procedure, 1973 - Section 482 - Petition for directing investigation in Crime No.934/2019 - The petitioner sought to ensure a fair investigation by a police officer of proven integrity. However, the investigation was already concluded, and the final report was filed before the Magistrate. (Paras 1-2)
(B) Right to further investigation - The court acknowledged the petitioner's right to seek further investigation if aggrieved by the final report. (Para 2)
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| 1. investigation already concluded (Para 2) |
O R D E R
The petitioner, who is the de facto complainant in Crime No.934/2019 of Mukkom Police Station, Kozhikode District, has filed the present petition under Section 482 of the Code of Criminal Procedure , 1973, seeking the following reliefs:
“(a) Direct the respondents to entrust the Investigation in Crime No.934/2019 of Mukkom Police Station to a Police Officer with proven integrity and to monitor the investigation and to ensure that a free and fair investigation is carried out expeditiously in the above Crime by bringing the culprits to book and that the Charge is laid before the Jurisdictional Magistrate without any further delay;
(b) Pass such Orders and to issue such other directions which are deemed expedient considering the facts and circumstances of the case;”
2. When the matter is taken up for consideration today, the learned Public Prosecutor, upon instructions from the Investigating Officer, submitted that the investigation in Crime No.934/2019 of Mukkom Police Station is already over and that the final report has been filed which has been numbered before the Judicial First Class Magistrate Court-II, Thamarassery, as C.C.No.1250/2020. Thus, the prayer in this Crl.M.C. to direct the investigation in this case to be done by a Police Officer with proven integrity to monitor investigation, has lost its significance.
In the result, the petition stands closed, leaving open the right of the petitioner to move for further investigation before the appropriate authority, if he is aggrieved by the final report already filed in this case.