DEVASIA MATHEW AGED 70 YEARS, S/O. P M MATHEW, PANCHAKUZHIYIL, KANJIRAPPALLY P.O., KOTTAYAM Vs. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN

JUDGEMENT

(1.) The second accused in Crime No.1333 of 2014 of Kanjirappally Police Station, aggrieved by the order in C.M.P. No. 1522 of 2015 of Judicial First Class Magistrate Court, Kanjirappally directing further investigation into the offences alleged against the accused under sections 3(1) r/w 25(1-B)(a), 3(2) and 21(1) r/w 25(1-B)(h) of the Arms Act, 1959 has preferred this Crl. M.C.

(2.) The factual matrix unravelled from the records available is as follows:

(3.) On the basis of the direction given by the court below, investigation was conducted by the police, which registered Annexure-A2 crime No.1333 of 2014 of Kanjirappallay Police Station. After the conclusion of investigation, Annexure-A3 report dated 22.11.2014 was submitted recommending dropping of the proceedings. Thereafter, C.M.P. No.1522 of 2015 was filed by the de facto complainant alleging commission of offence punishable under section 46(3)(a)(1) of the Arms Act, evidenced by Annexure-A4. This was investigated by the police on the direction of the court below and Annexure-A5 report dated 29.04.2015 was filed again recommending closure of the investigation. Thereafter, the present application was filed by the complainant as C.M.P. No.1522 of 2015, seeking further investigation. It was allowed by the learned magistrate by Annexure-A6 order, which is challenged in these proceedings.