ABDULKHADER K M Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner herein is the first accused in Crime no. 176/2005 taken on file by the Judicial First Class Magistrate court, Devikulam as C. C. No. 400/2005. The offence alleged against the petitioner and three other accused as revealed from annexure-III are under Sections 452,324,323,506 (ii) read with section 34 of the Indian Penal Code. The date of incident was noted in the F. I. R. on 14-9-2005 at 7 p. m. According to the petitioner, at the relevant time he was admitted at p. H. C. Chithirapuram as revealed from the discharge card,annexure-II wherein the date of admission and date of discharge were noted as 14-9-2005 and 16-9-2005 respectively. That fact was not reported by the investigating officer during investigation for which further investigation in Crime no. 176/2005 is sought for by filing petition C. M. P. No. 1561/2006, crmc. 2431/2007 -2-which was dismissed by the learned Magistrate as per order date 12-1-2007, copy of which is produced as Annexure-IV, That order is challenged by the petitioner herein and this petition is filed under Section 482 of Cr. P. C. with the prayer to direct the station House Officer, Munnar Police station to conduct further investigation in Crime No. 176/2005.

(2.) HEARD the learned counsel for the petitioner and also the learned Public Prosecutor.

(3.) IT is submitted by the learned counsel for the petitioner that the petitioner is the de facto complainant in Crime no. 174/2005 which was registered by Munnar police against one selvakumar under Sections 447 and 324 of the Indian Penal code. That crime was registered by Munnar police on the allegation that the accused Selvakumar trespassed into the house of the petitioner and attacked him on 13-9-2005 at about 7. 30 p. m. and he sustained injury. Thereafter, the petitioner was taken to P. H. C. Chithirapuram on 14-9-2005 and admitted therein as revealed from the discharge card, copy of which is produced as Annexure-II. This fact was not noticed by the police, who conducted the investigation and filed the final report in Crime no. 176/2005, copy of which is produced as Annexure-III. Therefore, the petitioner has filed C. M. P. No. 1561/2006 seeking further investigation in Crime No. 176/2005 which was dismissed by the learned Magistrate as per Annexure-IV order dated 12-1-2007. According to the learned counsel, Crime no. 176/2005 was got registered as a counter blast to the registration of Crime No. 174/2005 against the brother of the de facto complainant in the present case. According to the petitioner's counsel at the time of the alleged incident the petitioner herein, who is the first accused in Crime No. 176/2005 was undergoing treatment in P. H. C. Chithirapuram and on proper investigation the said facts can be brought to the notice of the court. It is submitted by the learned Public Prosecutor that Crime no. 174/2005 is already disposed of after trial in c. C. No. 237/2006 and the accused was acquitted on 12-11-2008. Further investigation under Section 173 (8) was prayed for by the petitioner to prove that he was undergoing treatment in p. H. C. Chithirapuram at the relevant time. That can be proved by producing the documents relating to the hospitalisation and by examining the Doctors who treated the petitioner from there for which no further investigation as contemplated under Section 173 (8) of Cr. P. C. is necessary. I find no reason to exercise the extra ordinary jurisdiction of this Court under Section 482 of cr. P. C. to interfere with Annexure-IV order. Considering the facts and circumstances of the case, I find that there is no merit in this petition and is liable to be dismissed. In the result, the Crl. M. C. is dismissed.