MANIKANDAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner was the accused in S.C.No.55/1997 on the file of the Assistant Sessions Court, Ottapalam and the appellant in Crl.Appeal No.156/2000 on the file of the Additional Sessions Judge, Fast Track Court-I, Palakkad.

(2.) The above case was originally registered as Crime No.128/93 of the Sreekrishnapuram Police Station, Palakkad under the caption 'unnatural death'. After completing the investigation, the Circle Inspector of Police, Cherplassery filed final report before the Judicial First Class Magistrate Court, Ottapalam for the offence under Section 498A of the IPC against the accused.

(3.) After filing the final report as stated above, the de facto complainant filed a private complaint as C.M.P.No.619/94 before the Judicial First Class Magistrate Court, Ottapalam alleging that the accused had murdered his daughter. The learned Magistrate forwarded the complaint to the Dy.S.P., CBCID, Palakkad for investigation. Thereupon, the Dy.S.P., CBCID filed a report before the court stating that he had no jurisdiction to investigate the case. In the meantime, the de facto complainant filed O.P.No.731/96 before this Court. This Court directed the Dy.S.P., CBCID, Palakkad to investigate the case. Thereafter, the Dy.S.P., CBCID re-investigated the case and filed a final report alleging that the accused had committed the offences punishable under Sections 498A and 306 of the IPC.