The petitioner herein is the sole accused in C.C.No.476/2009 of the Judicial First Class Magistrate Court, Kunnamkulam. The offences are under Sections 419, 420, 465, 467 and 468 of the Indian Penal Code. Pending the proceedings he approached this Court with Crl.M.C No.395/2010 to quash the prosecution. This Court closed the said proceeding without prejudice to the right of the petitioner to seek discharge. Thereafter, further investigation was ordered under Section 173 (8) of the Code of Criminal Procedure. Such investigation is going on, and report is yet to be filed. The accused now seeks orders under Article 227 of the Constitution of India directing the trial court to dispose of C.C.No.476/2009 within a time limit, and another direction to the 2nd respondent to complete further investigation within a particular period. The second relief sought by the petitioner cannot be granted under Article 227 of the Constitution of India because police authority does not come under the supervisory jurisdiction of this Court under Article 227 O.P(Crl) No.232 of 2014 2 of the Constitution of India. As regards the first prayer also orders cannot be now passed by this Court because the trial court is waiting for the report of further investigation being made under Section 173(8) of the Code of Criminal Procedure. As and when report of investigation is filed, the petitioner can very well seek discharge as already observed by this Court, or he can even seek direction for early disposal. For the said purpose he can approach the trial court itself, or if felt necessary, he can approach this Court. At this stage, when further investigation is going on under Section 173(8) this Court cannot direct early disposal of the criminal case.
In the result, this Original Petition is dismissed without prejudice to the right of the petitioner to pursue appropriate relief at the appropriate stage.
P.UBAID JUDGE ab