THAJUMUDDEEN Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS is an application filed by the petitioner seeking further investigation and also take appropriate action against the de facto complainant for giving false evidence under Section 482 of Code of Criminal Procedure.

(2.) IT is alleged in the petition that on the basis of the statement given by the second respondent herein, Valiyathura police has registered a case as Crime No.1301/12 of that police station against the petitioner alleging offences under Sections 294(b), 341, 323 read with Section 34 of Indian Penal Code. After investigation, Annexure A Final report was filed against the petitioner and that was taken on file as C.C.No.3588/2013 by the learned Judicial First Class Magistrate, No -II, Thiruvananthapuram and the case is now pending before that court. In the final report, three witnesses were shown as eye witnesses and all these witnesses have filed Annexure E & F affidavit stating that they have not made any statement before the investigating officer. So, it is necessary to direct further investigation and to take action against the de facto complainant for filing a false case as the entire allegations are false. So, the petitioner has no other remedy except to approach this court seeking the following relief:

(3.) COUNSEL for the petitioner submitted that in the final report filed, three eye witnesses were mentioned and two of the eye witnesses have submitted Annexure E & F affidavit stating that they have not given any statement before any police officer and they have not seen the incident. So, under the circumstances, the real nature of the incident has to be brought out, for which purpose, further investigation is required.