PRASAD Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the de-facto complainant in Annexure-X final report dated 30.04.2016 in C.C.No.166/2013 submitted by Dy.S.P. of Police, Pala, charging the respondents 2 and 3 (A1 and A2) with commission of offences punishable under Sections 323 and 326 read with Section 34 IPC. The petitioner seeks to quash the final report invoking Section 482 of the Cr.P.C. on the ground that, the investigation of the crime No.141/2013 was unjust and unfair and unless the investigation is reopened and a further investigation in the matter ordered under Section 173(8) of the Cr.P.C it will put the petitioner to great hardship and injustice.

(2.) I heard the learned counsel for the petitioner, the learned counsel for respondents 2 to 4 (A1 to A3) and the learned Public Prosecutor.

(3.) On a former occasion, the same crime was investigated by Additional Sub Inspector of Police, Kaduthuruthi Police Station, which culminated in Annexure-V final report dated 25.04.2013 charging respondents 2 to 4 (A1 to A3) with commission of offences punishable under Sections 341 , 323 , 326 and 506(1) read with Section 34 of I.P.C. Being aggrieved by the final report, the petitioner moved the learned Magistrate through C.M.P.No.3248/2015 in C.C.No.166/2013 requiring an order directing further investigation of Crime No.141/2013. This petition was, however, dismissed by order dated 14.10.2015 which was challenged by the petitioner in Crl.M.C.No.7930/2015. This Court after hearing the parties in Crl.M.C.No.7930/2015 by Annexure-IX order dated 06.01.2016 directed the Dy.S.P. of Police, Pala, to conduct further investigation and submit final report. The final report so submitted is Annexure-X, which is now sought to be quashed in this proceeding for almost the same reason.