This writ petition is filed by the de facto complainant in Crime No.578/2009 of Kilikolloor Police Station. The FIR in that case was registered alleging commission of offences under Secs.143, 147, 148, 323, 324 and 354 r/w 149 of IPC and Sec.27 of Arms Act. This petition is filed contending that the investigation was not properly conducted.
2. Though in the FIR, Sec.27 of Arms Act was also there, when the final report was filed, that section was omitted. According to the learned counsel, there is a specific allegation that the accused was having a sword at the time of commission of offence and so, Sec.27 of Arms Act should have been incorporated in the charge sheet filed by the investigating officer.
3. Learned Public Prosecutor submits that there is a W.P.(C). No.7664 of 2014 -: 2 :-
counter case also. The time and place of occurrence are the same. After conducting investigation in this case, the charge sheet was filed. Learned Magistrate took the case on file as C.C.No.686/2010 in which, the offences alleged against the accused therein are under Secs.143, 147, 148, 323, 294(b) and 354 r/w 149 of IPC.
4. Learned counsel for the petitioner submits that since the investigation was not properly conducted, an application was filed before the learned Magistrate for further investigation under Sec.173(8) of Cr.P.C. If such a petition has been filed and is pending, the learned Magistrate will certainly dispose of that application after hearing both sides in accordance with law. That petition has to be disposed of by the learned Magistrate before proceeds further in the matter.
This W.P.(C) is disposed of as above.
Sd/- N.K.BALAKRISHNAN, JUDGE.
Jvt