IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 18TH NOVEMBER 2010 / 27TH KARTHIKA 1932 Crl.MC.No. 3742 of 2010() ------------------------------------- CRIME NO. 923/2010 IN OS.113/1993 of JUDL.MAGISTRATE OF FIRST CLASS-III, KOTTAYAM .................... PETITIONER(S): ACCUSED -------------------------------------- JACOBKUTTY @ SHAJI, AGED 40 YEARS, S/O.JOSEPH, VELLACKAL VEEDU, KUDAYAMPADI MARIYATHURUTHUKARAYIL, AYYAMANAM VILLAGE, KOTTAYAM DISTRICT. BY ADV. SRI.ALIAS M.CHERIAN RESPONDENT(S): COMPLAINANT ------------------------------------------------ STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. * ADDL. R2 IMPLEADED * ADDL. R2 : LISSY JOSE, AGED 43 YEARS, W/O. LATE V.M.JOSE VELLAKKAL HOUSE UDAYAM PADIKARA AYAMANAM, KOTTAYAM. * ADDL. R2 IMPLEADED AS PER ORDER DATED 19/10/10 IN CRL MA.6132/2010. BY PUBLIC PROSECUTOR SRI.I.V. PRAMOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 3742 OF 2010 =========================== Dated this the 18th day of November,2010 ORDER Petition is filed under section 482 of Code of Criminal Procedure to quash Annexure A9 final report taken cognizance for the offence under section 354 and 452 of Indian Penal Code by Judicial First Class Magistrate Court III, Kottayam and to direct investigation of Annexure A4 and A7 F.I.Rs by an officer not below the rank of Superintendent of Police. It is on investigation of Annexure A4, F.I.R Annexure A9 final report was submitted. Annexure A7 F.I.R is registered based on a complaint filed by the petitioner and sent for investigation under section 156(3) of Code of Criminal Procedure. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were Crl.M.C.3742/2010 2 heard. 3. Though learned counsel appearing for the petitioner argued that learned Magistrate could not have taken cognizance on Annexure A9 final report, based on the materials produced, I cannot agree. It is up to the petitioner to raise the contentions before the learned Magistrate. Petitioner is at liberty to file a petition under section 239 of Code of Criminal Procedure and seek an order of discharge raising all the contentions raised herein. 4. Though learned counsel appearing for the petitioner submitted that no investigation was conducted on Annexure A7 F.I.R, learned Public Prosecutor submitted that after completing the investigation, a refer report was submitted on 10.7.2010. If petitioner is aggrieved, he is entitled to file a protest complaint before the learned Magistrate. If the Magistrate has not given notice to the petitioner before accepting the final report, acceptance of report will not affect Crl.M.C.3742/2010 3 the right of the petitioner to file a protest complaint. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006