The petitioner in both these cases has filed the respective writ petition seeking intervention of this Court for changing the investigation to Crime Branch under Section 226 of the Constitution of India. 2. The petitioner in W.P.(C)No.9759/2014 filed C.M.P.No.5898/2013 before the Judicial First Class Magistrate Court, Adoor, which was forwarded to the police for investigation under Section 156 (3) of the Code of Criminal Procedure and on that basis, crime was registered as Crime No.770/2013 of Kodumon police station of Pathanamthitta district against accused persons alleging offences under Sections 418, 204, 120(B), 420 and Section 34 of the Indian Penal Code and investigation is being conducted in that case.
3. The petitioner in W.P.(C).N0.9198/2014 filed CMP.No.6155/2013 before the same court and that was also forwarded to the police for investigation under Section 156(3) of the Code of Criminal Procedure and Crime No.825/2013 was registered by the second respondent alleging offence under Section 420 read with Section 34 of the Indian Penal Code by the same police station. Since the petitioner in both these cases were not satisfied with the progress of the investigation, they approached this Court by filing the above writ petitions seeking the following reliefs:
a. Issue a writ, order or direction in the nature of mandamus or other appropriate writ directing the 2nd respondent to hand over the investigation of Ext.P1 crime with 4th respondent and direct the 4th respondent to proceed with the investigation and file a final report under Section 173 of the Criminal Procedure Code.
b. Grant such other and further reliefs as may be prayed for hereafter and deemed fit and proper in the interest of justice including recovery of full costs incurred for and conduct of this original petition.
4. On the basis of the allegations made in the writ petitions, a statement has been called for from the Investigating Officer and the Investigating Officer had in both these cases submitted statements stating that they have conducted a proper investigation and they were convinced that the offences have been committed by the accused persons mentioned in the complaint and they will complete the investigation within a short span of time and file final report. In W.P.(C).No.9198/2014, the Investigating Officer had stated that they will be able to file final report within a maximum period of one month.
5. When these writ petitions came up for hearing today, the learned State Attorney appearing for the respondents in W.P.(C).No.9759/2014 and the learned Government Pleader appearing for the respondents in W.P. (C)No.9198/2014 submitted that the Investigating Officer will be able to complete the investigation within one month. When this was pointed out to the counsel for the petitioner in both these cases, the learned counsel submitted that submission of the Government Pleader may be recorded and these writ petitions can be disposed with liberty for the petitioner to approach the appropriate forum, if they are not satisfied with the outcome of the investigation in accordance with law.
So, the above submission made by the learned Government Pleader in W.P.(C).No.9198/2014 for herself and on behalf of the State Attorney, who is appearing in W.P.(C).No.9759/2014, that investigation of both these cases will be completed and final report will be filed within one month is recorded and these writ petitions are disposed of leaving open the right of the petitioner in both these cases to approach the appropriate forum, if they are not satisfied with the outcome of the investigation for appropriate remedy in accordance with law.
Sd/-
K. RAMAKRISHNAN, JUDGE.
cl /true copy/ P.S to Judge