It is submitted by the learned Public Prosecutor that, though further investigation was allowed to be conducted, the complainant (CW1) and her father (CW2) did not appear before the Investigating Officer to give further statement and so further report could not be filed.
2. The learned counsel for the petitioner submits that at the time of filing the application and thereafter CW1 was here (in the native place only), but at present, she is abroad and that she will reach the native place during the 1st week of July.
3. If, CW1 and CW2 appear before the Investigating Officer, the Investigating Officer will certainly record further statement and file report within two months from today, the learned Public Prosecutor submits.
Crl.M.C. No. 1377/2014
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4. CW1 and CW2 will comply with the direction if they want to give further statement. If they do not appear for giving further statement during July, 2014, the Investigating Officer is at liberty to file the report without getting further statement from CW1 and CW2. The Investigating Officer shall file the report before the Judicial First Class Magistrate-II, Aluva, to that effect so that the learned Magistrate can proceed with the matter.
5. Execution of the warrants, if any, issued against CW1 and CW2 shall be kept in abeyance for two months from today.
This petition is disposed of as above.
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N.K. BALAKRISHNAN, JUDGE jjj