SASIDHARAN NAIR Vs. STATE OF KERALA

JUDGEMENT

(1.) ANNEXURE A2 report filed by the police during the investigation of a crime implicating the petitioner as an accused for an offence under Section 304 of the Indian Penal Code, is challenged as an abuse of the process of court to seek for quashing of that report exercising the inherent powers of this court under Section 482 of the Code of Criminal Procedure, for short, 'the Code'. A crime was registered at Varkala Police Station over the death of one Bijith by electricusion under Section 174 of the Code. In the course of investigation of the crime, Investigating Officer filed the aforesaid report before the court stating that death of the aforesaid Bijith occurred on account of the use of a welding set operated in the work shop of the petitioner, without adequate security arrangements. On that premise the petitioner has been named as an accused to proceed against him for the offence under Section 304 of the Indian Penal Code. Taking exception to that report, petitioner has filed the above petition. At this stage, when the investigation is continuing whatever be the challenges canvassed by the petitioner or available to him it will not be proper for this court to exercise its inherent powers to stultify the investigation of the crime, which is within the province of the Investigating Officer. He has to carry out the investigation and draw conclusion on the materials collected the cause of death of victim and also complicity, if any, of any person in such death. Ofcourse, if any indictment is levelled against the petitioner, after completion of the investigation, in case there are sustainable grounds for him to impeach such indictment he can canvass such challenges at that stage. Reserving his right to do so, petition is dismissed.