ORDER

The petitioner herein, who is the complainant in C.M.P.No.3326/2005, was represented by his mother as the guardian, filed an application C.M.P.No.4347/2005 before the Court of Judicial First Class Magistrate-I, Neyyattinkara with the prayer to conduct test identification parade among the policemen working in Nemom police station during the period between 19-4-2005 and 25-4-2005 for the purpose of identifying the policemen who allegedly assaulted the minor petitioner from the police station. In that petition an order has been passed by the learned Magistrate on 25-6-2005, relevant portion of which reads as follows:

“In the above circumstance, it is necessary to conduct a test identification parade in accordance with law to identify the suspects in accordance with law. Hence CRMC. 4047/2005 -2-

the application is submitted before the Hon'ble Chief Judicial Magistrate, Thiruvananthapuram for necessary orders.”

A copy of the abovesaid order is produced as Annexure-III. After receipt of that order, the learned Chief Judicial Magistrate passed O.M. dated 18-7-2005, copy of which is produced as Annexure-

IV. It reads as follows:

“With reference to the above, the Judicial I Class Magistrate-I, Neyyattinkara is informed that the prayer for conducting test identification parade in private complaint cannot be allowed, in view of the dictum laid down in the decision reported in (on) 1985 KLT 615 Venugopalan v. Prakasan .

Hence the application filed by the complainant is returned herewith to the Magistrate.

The magistrate will bring this position to the learned counsel for the complainant and after giving an opportunity for hearing the matter; if the Magistrate feels that the said dictum is not the correct preposition in the light of any other provision or ruling, he has the CRMC. 4047/2005 -3-

liberty to make another request quoting the same.”

That order has been challenged by the petitioner herein by filing this Crl.M.C.with the prayer to direct the court below to conduct identification parade for the purpose of ascertaining the identity of unidentified accused for the purpose of issuing process or in the contrary direct an investigation for the purpose of conducting test identification parade.

2. Pending this petition before this Court, respondents 2 to

4 herein who were already in the party array as accused 1 to 3 as mentioned by name in the complaint, copy of which is produced as Annexure-I, have been deleted from the party array as per order dated 17-2-2009 in Crl.M.A.3235/2006. The petitioner attained majority during pendency of this petition and has been declared as major as per order dated 1-4-2009 in Crl.M.A.No.1579/2009 and the learned counsel has filed memo of appearance to him.

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

4. It is submitted by the learned counsel appearing for the petitioner that Annexure-I complaint has been filed before the CRMC. 4047/2005 -4-

Court of Judicial First Class Magistrate-I, Neyyattinkara against accused Nos. 1 to 3 and some other identifiable police personnel who can be identified by sight on conducting test identification parade and proceedings can be initiated against those police personnel also as the culprits and committed assault on the petitioner while he was in police custody during the period from 19-4-2005 to 25-4-2005. With that request the complainant represented by his mother has preferred C.M.P.No.4347/2005 on 10-5-2005, copy of which is produced as Annexure-II wherein the learned Magistrate has convinced that a test identification parade is necessary to identify the suspects in accordance with law, for which the learned Magistrate has sought permission from the learned Chief Judicial Magistrate as per order dated 25-6-2005, Annexure-III. The learned Chief Judicial Magistrate as per O.M.dated 18-7-2005, Annexure-IV has informed the learned Magistrate that the prayer for conducting test identification parade in private complaint cannot be allowed in view