Kerala High Court
M/S.Driplex Water Engineering Ltd vs State Of Kerala on 26 July, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 26TH DAY OF JULY 2024 / 4TH SRAVANA, 1946
CRL.MC NO. 1286 OF 2017
CRIME NO.168/2016 OF AMBALAMEDU POLICE STATION, ERNAKULAM
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.363 OF 2016 OF
JUDICIAL FIRST CLASS MAGISTRATE COURT, CHOTTANIKKARA
PETITIONER:
M/S.DRIPLEX WATER ENGINEERING LTD
HAVING ITS HEAD OFFICE AT DRIPLEX HOUSE, 1,
PANCHSHEEL COMMUNITY CENTRE, NEW DELHI-110017, HAVING
ITS SITE OFFICE AT BPCL COCHIN REFINERY, AMBALAMUGAL,
REP. BY THE REGIONAL EXECUTIVE DIRECTOR,
NARAYANANKUTTY.
BY ADVS.
SRI.LAL K.JOSEPH
RESPONDENTS:
1 STATE OF KERALA, REP. BY ITS PUBLIC PROSECUTOR, HIGH
COURT OF KERALA, ERNAKULAM - 682 031
2 THE DISTRICT POLICE CHIEF, ERNAKULAM - 682 031.
3 THE SUB INSPECTOR OF POLICE
AMBALAMEDU POLICE STATION - 682 302.
4 MR. PETER D'SOUZA, DIANA, OPP.GOVT.HEALTH CENTRE,
SURATHKAL, MANGALORE-575014.
5 VASANTH DEVADIKA, DIANA, OPP:GOVT.HEALTH CENTRE,
SURATHKAL, MANGALORE-575014.
6 BIFFIN JOSE, PUTHUSSERIL, 26A, MANPATTU, KOORAMPADAM,
KOTTAYAM - 686 001.
BY ADVS.
SRI.SUNNY MATHEW - R4
SRI.NOUSHAD K.A., SENIOR PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
26.07.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C. No.1286 of 2017
2
P.V.KUNHIKRISHNAN, J.
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Crl.M.C. No.1286 of 2017
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Dated this the 26th day of July, 2024
ORDER
This Criminal Miscellaneous Case is filed seeking the following reliefs:
"to call for the records in C.C. 363 of 2016 on the file of Judicial First Class Magistrate Court, Chottanikkara and direct the Magistrate to (1) Order further investigation in the matter by implicating the 4 th and 5th accused (ii) Order further investigation by any other superior officer under the 2nd respondent other than the 3rd respondent in the interest of justice."
2. The main prayer in this Crl.M.C is to order further investigation. Petitioner is the complainant. This Crl.M.C is pending before this Court from 2017 onwards. No interim order is passed in this case. Probably the main case itself might have been disposed of. Service to the 5th respondent is not complete even Crl.M.C. No.1286 of 2017 3 now and that is why this Crl.M.C is listed in the defect list. Moreover, the prayers in this Crl.M.C can not be entertained by this Court. Further investigation is to be decided by the Trial court at the appropriate stage. If the case is pending as on today, the petitioner is free to approach the Trial court with appropriate application.
With the above observation, this Criminal Miscellaneous Case is closed.
Sd/-
P.V.KUNHIKRISHNAN JUDGE DM Crl.M.C. No.1286 of 2017 4 APPENDIX OF CRL.MC 1286/2017 PETITIONER ANNEXURES ANNEXURE A1 TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT ON 8-2-2016.
ANNEXURE A2 TRUE COPY OF THE FIR ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, CHOTTANIKKARA.
ANNEXURE A3 TRUE COPY OF THE FINAL REPORT. RESPONDENTS EXHIBITS: NIL //TRUE COPY// PA TO JUDGE