IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 29TH MARCH 2010 / 8TH CHAITHRA 1932 Crl.MC.No. 784 of 2010() ------------------------ CC.533/2001 of JUDL.MAGISTRATE OF FIRST CLASS COURT, PAYYANNUR .................... PETITIONER(S): DEFACTO COMPLAINANT: ---------------------------------------------------------------- THE KANNUR DISTRICT EX-SERVICEMEN MULTIPURPOSE CO-OPERATIVE SOCIETY LTD, PAYANGADI,KANNUR DISTRICT,REPRESENTED BY ITS SECRETARY. BY ADVS. MR.M.SASINDRAN, MR.JOHNY THOMAS. RESPONDENT(S): COMPLAINANT/ACCUSED: -------------------------------------------------------------------- 1. STATE-REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. S.A.ASMA, KIZHAKKEPURAYIL HOUSE, EZHOME,ERIPURAM.P.O,PAYANGADI,KANNUR DISTRICT. R1 BY PUBLIC PROSECUTOR MR. S.U. NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 784 OF 2010 =========================== Dated this the 29th day of March,2010 ORDER Petitioner is the de facto complainant. This petition is filed under section 482 of the Code of Criminal Procedure to direct the Judicial First Class Magistrate, Payyannur to pass orders in Annexure AVII petition and to direct the registry to number Annexure AXII petition and to pass orders before proceeding further in C.C.533/2001 and also to quash Annexure AIX order and direct further investigation. 2. Annexure AVII is a petition filed by the Station House Officer in R.C.30/2001 submitted in Crime 125/2000 of Pazhayangadi Police Station. 3. Learned counsel appearing for the petitioner submitted that learned Magistrate Crl.M.C.784/2010 2 should have allowed the application so that the records could be produced in C.C.533/2001 and connected cases. Learned Public Prosecutor submitted that R.C.30/2001 is the case pending before Judicial First Class Magistrate, Payyannur . Refer report has been submitted in Crime 125/2000 of Pazhayangadi Police Station. 4. If the refer report submitted has been accepted by the Magistrate and no protest complaint is pending, learned Magistrate need not retain the records therein without returning to the Station House Officer especially when the investigating officer wants those documents to be produced in two other cases. Judicial First Class Magistrate, Payyannur is directed to pass appropriate order in Annexure AVII petition without delay. 5. Annexure AXII is a petition filed by the Station House Officer in Crime No.533/2001 to get the records in R.C.30/2001. In view of Annexure AVII order there is no necessity to give any Crl.M.C.784/2010 3 direction regarding Annexure AXII petition. 6. BY Annexure AIX order learned Magistrate has dismissed CMP 1672/2009 filed by the Public Prosecutor for further investigation under section 173(8) of the Code of Criminal Procedure. Though it was argued that Annexure IX order is to be quashed, learned Magistrate has considered relevant facts and passed Annexure AIX order. I find no reason to interfere with Annexure AIX order. Petition is disposed of directing Judicial First Class Magistrate, Payyannur to pass appropriate order in Annexure AVII immediately. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006