BIJU KURIAKOSE Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the defacto complainant, who is never satisfied with the investigation of the complaint he has made to the police, accusing certain persons of committing the offences punishable under Sections 120B , 341 , 323 , 324 , 326 and 341 of I.P.C.

(2.) The complainant contends that the accused persons had brutally attacked the petitioner with dangerous weapons and thereby caused grievous hurt to him. No proper investigation is however conducted. The final report was filed before the Judicial First Class Magistrate Court, Changanassery. The 2nd respondent ultimately filed the fourth final report and yet the petitioner was not satisfied and therefore he filed another petition for further investigation under Section 173(8) of the Cr.P.C. The learned Magistrate after considering all the grounds that was raised by the petitioner for further investigation, answered it against him vide the impugned order dated 16.11.2019.

(3.) Thereafter, the petitioner approached this Court by filing W.P.(C) No.5290/2017 and the District Police Chief was directed to conduct further investigation by this Court, which resulted in the person named as 1st accused is retained, accused 2 to 5 removed from the array of accused and three other persons were arrayed as accused 2 to 4 in the second final report, which was filed as early as in 2009. The petitioner filed C.M.P.No.2585/2008 for further investigation before the Judicial First Class Magistrate Court, Changanassery and the Dy.S.P. Kottaym was directed to conduct further investigation. He conducted further investigation and filed a third final report, in which the person arrayed as 2nd accused was deleted from the array of the accused. Thereafter, the Dy.S.P. conducted further investigation and a report was filed seeking time to complete the investigation in 2011.