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Judgment
6 paragraphs · 396 wordsGopinath P, J
It is submitted by the learned counsel appearing for the petitioner that the prayer in the Crl.M.C. is to direct further investigation into Crime No.656/2012 of Konni Police Station through a specialised investigating agency or under the direct supervision of a superior police officer. It is submitted that a final report has been filed in Crime No.656/2012 and that the matter is now pending as C.C.No.400/2013 on the file of the Judicial First Class Magistrate Court-II, Pathanamthitta. It is submitted that the trial in C.C.No.400/2013 is slated to commence on 20.10.2021 and that the de-feacto complainant (the petitioner herein) is called upon to give evidence on that date. It is the submission of the learned counsel appearing for the petitioner that pending consideration of the prayers in the Crl.M.C., if the trial of the case is commenced, the petitioner will be put to serious injury and prejudice.
Sri. S. Sreekumar, the learned senior Counsel appearing for the petitioner in Crl.M.A.No.2/2017 (Crl.M.A.No.7928/2017) in the above Crl.M.C.,which has been filed seeking impleadment of the petitioner in Crl.M.A.No.2/2017 (Crl.M.A.No.7928/2017) as additional respondent in the Crl.M.C., would submit that the petition itself is not maintainable and that the petition has been filed only to sensationalize the issues and with malafide intentions.
I have heard the learned Public Prosecutor also. The question as to whether this Court should exercise its power under Section 482 Cr.P.C. to direct the investigation as prayed for, is a matter to be decided while hearing the main petition. The learned counsel for the petitioner submits that Sri. B. Raman Pillai, senior Counsel of this Court has instructed to appear for the petitioner in this matter and that the learned senior Counsel requires some time to address this Court in the main petition.
Taking note of the aforesaid circumstances and also considering the request of the learned senior Counsel, who has been instructed to appear for the petitioner, I deem it appropriate to direct that the trial of C.C.No.400/2013 on the file of the Judicial First Class Magistrate Court-II, Pathanamthitta shall be deferred for a period of one month. However, I make it clear that I have not examined the merits of the contentions raised by the petitioner and this order is passed only to accommodate the request of the learned senior Counsel for the petitioner.
Post on 26.10.2021 for hearing.