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Deepa vs State Of Kerala

High Court Of Kerala|04 June, 2014
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JUDGMENT / ORDER

This Criminal Miscellaneous Case is filed by the petitioner, who is the accused in Crime No.902/2013 of Kasaragod police station, seeking a direction to be given to the investigating agency for conducting a proper investigation under Section 482 of the Code of Criminal Procedure. 2. It is alleged in the petition that petitioner is a young lady aged 25 years doing self employment business in City Centre Building at Bank Road, Kasaragod. She was arrayed as the sole accused in Crime No.902/2013 of Kasaragod police station. The crime was registered on the basis of a private compliant filed by the second respondent as CMP.No.7189/2013 against the petitioner alleging offences under Sections 420, 294 (b) and 506(ii) of the Indian Penal Code and also Sections 66 A and 66D of the Information Technology Act and that complaint was forwarded to the police for investigation and it was on that basis that the crime has been registered. According to the petitioner, allegations are not sufficient to attract the offence and she has not committed any offence. So, she has no other remedy except to approach this Court seeking the following relief:
It is therefore most humbly prayed that this Hon'ble Court may be pleased to quash Annexure A-2 First Informaton Report of the Kasaragod Police Station and all further proceedings in Crime No.902/2013 against the petitioner in the interest of justice.
3. The second respondent appeared. The investigating officer earlier filed a report stating that the investigation is still going on and so far the investigation conducted did not reveal any material. This was the statement filed by the Deputy Superintendent of DCRB, Kasaragod and later, as directed by this Court, as to how much time the investigating officer will require for completion of the investigation, he filed a statement dated 30.5.2014 in which it has been stated that they are conducting the investigation and the DYSP has directed the complainant to produce certain materials for conducting proper investigation and getting report from Forensic Science Laboratory and stated that they will require three months time to complete the investigation as the entire investigation is revolving around scientific evidence.
When the petition came up for hearing today, the learned counsel for both the petitioner and the second respondent submitted that the above statement may be recorded and the petition may be closed with liberty for the petitioner to approach this Court, if the petitioner is not satisfied with the outcome of the investigation conducted by the investigating officer. The above submission of the counsel for the petitioner is recorded and the petition is disposed of with the above liberty and directing the investigating officer to complete the investigation as early as possible, at any rate, within three months from today.
Withe the above directions and observations, the petition is disposed.
Sd/-
K. RAMAKRISHNAN, JUDGE.
cl /true copy/ P.S to Judge
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Title

Deepa vs State Of Kerala

Court

High Court Of Kerala

JudgmentDate
04 June, 2014
Judges
  • K Ramakrishnan
Advocates
  • Sri