Sulaiman Vs The Sub Inspector Of Police and The Superintendent Of Police

High Court Of Kerala 5 Mar 2007 WP (C) No. 1807 of 2007 (M) (2007) 03 KL CK 0021
Bench: Single Bench
Acts Referenced

Judgement Snapshot

Case Number

WP (C) No. 1807 of 2007 (M)

Hon'ble Bench

R. Basant, J

Advocates

Jijo Paul, for the Appellant; Government Pleader, for the Respondent

Acts Referred
  • Penal Code, 1860 (IPC) - Section 420, 465, 471

Judgement Text

Translate:

R. Basant, J.@mdashThe petitioner is the complainant and his complaint is that the offences punishable under Sections 420, 465 and 471 I.P.C have been committed by the accused. That document in respect of which the alleged offence was committed has been produced before the Munsiff Court and a report of the Forensic Science Laboratory has been obtained in such civil case before the learned Munsiff. The grievance of the petitioner is that the Investigating Officer is not completing the investigation.

2. The learned Government Pleader was directed to take instructions. A statement has been filed by the Circle Inspector of Police, Wadakkanchery, who is conducting the investigation into this case. The statement filed by the Circle Inspector shows that the original document has not been made available to the Investigating Officer.

3. It is for the Investigating Officer to apply to the learned Munsiff for permission for perusal of the document concerned. When he makes such an application, the learned Munsiff must pass appropriate orders. After perusal of the records, if the Investigating Officer takes the decision that the document has to be sent for examination to the expert again for any reason, he must make a proper application before the learned Munsiff for release of the document to enable him to get such examination conducted. The learned Munsiff must pass appropriate order. The learned Munsiff may, if he finds that the document has got to be released, insist on substitution by production of a certified photostat copy of the document and consider release of the original to the Investigating Officer. Suffice it to say that the Investigating Officer must do the needful expeditiously and do everything necessary to complete the investigation at the earliest.

4. With the above observations, this Writ Petition is, allowed in part.

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