IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 11TH FEBRUARY 2008 / 22ND MAGHA 1929 WP(C).No. 9 of 2008(A) ---------------------- PETITIONER: ------------ C.GOPAKUMAR, S/O.CHELLAPPAN PILLAI, PALAYIL ROHINI, THRIPUNITHURA, ERNAKULAM DISTRICT. BY ADV. SRI.V.E.ABDUL GAFOOR SRI.A.MOHAMMED SAVAD RESPONDENTS: ------------- 1. THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM. 2. THE COMMISSIONER OF POLICE, COCHIN CITY, ERNAKULAM. 3. THE ASSISTANT COMMISSIONER OF POLICE, COCHIN CITY, ERNAKULAM. 4. THE SUB INSPECTOR OF POLICE, ERNAKULAM TOWN SOUTH STATION, ERNAKULAM. BY GOVERNMENT PLEADER SRI.GIKKU JACOB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * W.P.(C) No. 9 of 2008 * * * * * * * * * * * * * * * * * * Dated: 01-02-2008 ORDER Petitioner who is the de facto complainant in Crime No. 703 of 2007 of Ernakulam Town South Police Station registered for an offence punishable under Section 380 read with Sec. 34 I.P.C. seeks further investigation by the C.B.C.I.D. 2. The learned Government Pleader in-charge of the case submits that the police after investigation filed a report before the Addl. Chief Judicial Magistrate, Ernakulam, to the effect that the offence which is made is only one punishable under Sec. 427 I.P.C. which is a non-cognizable offence. Registry shall ascertain from the Addl.Chief Judicial Magistrate whether such a report has been filed by the Ernakulam Town south Police Station and if so, whether there is any legal impediment in taking cognizance of the offence punishable under Sec. 427 I.P.F. treating the report as a complaint within the meaning of Explanation to Sec. 2 (d) Cr.P.C. Post after one week. V. RAMKUMAR, (JUDGE) ani.