M D GOPALAKRISHNAN Vs. M K DIVAKARAN

JUDGEMENT

(1.) The petitioner is the defacto complainant and he had filed a complaint before the learned Chief Judicial Magistrate Pathanamthitta alleging commission of offences punishable interalia under Sections 420,406 and 468 I.P.C against eleven persons. The learned Chief Judicial Magistrate forwarded the complaint to the police under Section 156(3) Cr.P.C. After conducting the investigation, a negative final report was filed by the investigating officer ( a copy of which is produced as Ext.P2). Dissatisfied with the investigation conducted and the final report filed, the petitioner filed a protest complaint, Ext.P3. In that complaint, it was prayed that a comprehensive further investigation may be directed to be conducted in Crime No.797/03 registered on the basis of Ext.P1.

(2.) The learned Magistrate, by the order dated 28/08/2004 (copy of which is produced as Ext.P4) directed that further investigation be conducted. It is the grievance of the petitioner that inspite of the order passed by the learned Chief Judicial Magistrate, no steps have been taken by the investigating officer to conduct any further investigation. Dissatisfied, the petitioner has come before this court for issue of directions to the investigating officer. It is alternatively prayed that in the interests of a proper, efficient and expeditious further investigation, the investigation may be entrusted to the Crime Branch CID.

(3.) Notice was given to the learned Public Prosecutor. The learned Public Prosecutor, after taking instructions, has got a statement filed by the Circle Inspector of Police, Pathanamthitta. It is said to be filed in the office. A copy of the same has been made available to the learned counsel for the petitioner. I have perused the same.