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Judgment
V. Ramkumar, J.—The review Petitioners are the Petitioners in the above Writ Petition which was filed with a prayer for entrusting the investigation of Crime No. 432 of 2010 of Ernakulam Town South Police Station with a responsible police officer of superior grade.
The Petitioners are a father and son of whom the son is the first accused and his wife is the 2nd accused in the above crime registered for offences punishable under Sections 3 to 5 of Immoral Traffic (Prevention) Act, 1956.
On 11-6-2010 when the Writ Petition came up for final hearing, the learned Government Pleader submitted that the final report had already been filed on 30-04-2010 before the Addl. Chief Judicial Magistrate (Economic Offences), Ernakulam . In view of the above submission, this Court disposed of the Writ Petition permitting the Petitioners to move the trial Court for appropriate orders in the light of the decision of the Apex Court in Sakiri Vasu v. State of U.P. 2008 (1) KLT 724 (SC).
It is the case of the Petitioners that the submission made before this Court was a wrong submission since the final report had not been filed as on 11-6-2010. The Petitioners claim to have obtained the correct information under the Right to Information Act to the effect that even though the investigation was completed on 30-04-2010, the charge sheet was actually filed only on 27-7-2010. The above information is revealed by Annexure A11 reply obtained from the Appellate Authority under the Right to Information Act. The above information obtained by the Petitioners is correct in the light of the letter dated 27-06-2011 received from the Addl. Chief Judicial Magistrate (E.O.), Ernakulam.
I am given to understand that the learned Addl. Chief Judicial Magistrate has already taken cognizance of the offences and has taken the case on file as C.C. 1519 of 2010.
The learned Government Pleader submitted that the submission made by him while disposing of the Writ Petition was in tune with the instructions given to him by the Investigating Officer. He also produced for perusal by this Court the said written instructions which he had obtained from the Investigating Officer. Whether the instructions given to the Government Pleader was intentional or unintentional, the fact remains that acting on the said information this Court disposed of the Writ Petition on the footing that the case was no more in the crime stage. But, as a matter of fact on 11-6-2010 when this Court disposed of the Writ Petition, the case was still in the crime stage . This Court also cannot ignore the supervening fact that pursuant to the filing of the final report, cognizance of the offence has already been taken by the Magistrate. The circumstances highlighted by the Petitioners and the social standing of the Ist Petitioner persuade this Court to think that the 2nd Petitioner and his wife could be the victims of false implication and a further investigation alone will probably bring to light the truth. Now, at this stage of the case, it will be unjust to drive the Petitioners to the trial Court with a request for further investigation. I am, therefore, of the view that interests of justice will be adequately met by directing the Assistant Commissioner of Police, Thrikkakkara, Kochi to conduct further investigation of the case u/s 173(8) Code of Criminal Procedure and to file a supplementary final report in accordance with the further investigation so conducted. The Commissioner of Police, Kochi shall supervise the further investigation to be conducted by the Assistant Commissioner. The supplementary final report shall be filed before the Addl. Chief Judicial Magistrate (Economic Officences) Ernakulam within three months from the date of receipt of a copy of this order. The trial court shall not proceed with C.C. No. 1519 of 2010 till then. The judgment under review is set aside and the Review Petition is allowed. The Writ Petition is disposed of afresh as above.
Copies of this order shall be forwarded to the Commissioner and Assistant Commissioner of Police, Kochi.