The captioned criminal miscellaneous case has been filed seeking quashment of Annexure-42 FIR registered based on Annexure 41 complaint filed by the third respondent. The learned senior counsel appearing for the petitioner after arguing for some time, taking into account the submissions made by the learned Public Prosecutor to the effect that the investigation has already been completed, submitted that the investigating officer may be directed to file final report in tune with the provisions under section 173 Cr.P.C and right may be reserved to the petitioner to work out his remedies in case the final report is one accusing the petitioner of commission of any offence. The learned senior counsel appearing for the third respondent submitted that even without an order to that effect by this Court, it would be open to the petitioner to work out his remedies Crl.M.(C).3396/08 2 once the final report is laid, in accordance with law. Once a crime is registered and the investigation is commenced it has to reach its logical conclusion and needless to say that on completion of the investigation a final report in terms of section 173(2) has to be laid. In such circumstances, after hearing the learned senior counsel appearing for the petitioner, the learned senior counsel for the third respondent, the learned senior counsel for the fourth respondent and also the learned Public Prosecutor, this criminal miscellaneous case is closed, making it clear that since the investigation is completed in crime No.322/CR/KTM/06 of CBCID Kottayam, the final report shall be laid before the Magistrate empowered to take cognizance of the offence on the same and in case the final report so forwarded in terms of the provisions under section 173 Cr.P.C is one accusing the petitioner of commission of any offence, he will be at liberty to work out his remedies available under law.
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C.T. RAVIKUMAR (JUDGE) spc/ Crl.M.(C).3396/08 3 C.T. RAVIKUMAR, J.
Crl.M.(C).3396/08 4 JUDGMENT September, 2010