The petitioner herein is the de facto complainant in C.C No.212 of 2011 of the Judicial First Class Magistrate's Court-I, Muvattupuzha. In a proceeding brought by him as Crl.M.C No.1881 of 2010, this Court had made a direction to the court below to conclude the trial as early as possible, preferably within six months, and to report compliance to the court. The said direction was made by the court in a proceeding brought under Section 439 of the Code of Criminal Procedure. Thereafter, the police proceeded for further investigation under Section 173 (8) of the Code of Criminal Procedure. When such an investigation is in progress, the trial court cannot proceed for trial. However, when the learned Magistrate proceeded for trial in view of the direction made by this Court, the de facto complainant brought this petition for a direction to the court below to wait till the report of further investigation is received. As required by the court, the learned Magistrate submitted Crl.M.C No.5818 of 2014 2 report that further investigation is in progress, and that he requires further direction from the court when trial without obtaining report of further investigation is not possible. The report submitted by the learned Magistrate shows that the trial court has already examined some of the witnesses. If necessary directions are not given by this Court, the learned Magistrate may find himself in an embarrassing situation. 2. In the present circumstances where further investigation is going on, I feel it appropriate to direct the Magistrate to wait till the report of further investigation is received. If it is found necessary to recall the witnesses already examined, such a course will also have to be resorted to by the trial court. In the above circumstances, the earlier direction by the court will have to be modified.
In the result, this petition is allowed as follows:
(a) The direction made by this Court in Crl.M.C No.1881 of 2010 will stand modified to the effect that C.C.212 of 2011 shall be tried and decided as expeditiously as possible, after the report of further investigation is received in court.
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(b) Examination of the other witnesses shall be deferred till the report of further investigation is received in court.
(c) If the learned Magistrate finds the necessity of recalling the witnesses already examined, on getting the report of further investigation, such a course also can be adopted.
ma /True copy/ Sd/- P.UBAID JUDGE P.S to Judge