IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 16TH MARCH 2010 / 25TH PHALGUNA 1931 WP(C).No. 6122 of 2010(Q) -------------------------------------- CRIME NO.237/2010 OF CENTRAL POLICE STATION, ERNAKULAM, KOCHI CITY. .................. PETITIONER(S): ----------------------- ANANTHA NARAYANA BHAT, S/O.LATE NARAYANA VADHYAR, AGED 62 YEARS, RESIDING AT FLAT NO.10, ST.JOHN ROAD, ST.JOHN NAGAR, THEVARA, KOCHI-682 013. BY ADV. MR.C.S.MANU MR.S.K.PREMRAJ RESPONDENT(S): -------------------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF KERALA, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 033. 2. SUB INSPECTOR OF POLICE, CENTRAL POLICE STATION, ERNAKULAM-682 018. R1 & R2 BY GOVERNMENT PLEADER MR.S.U. NAZAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. M.Sasidharan Nambiar, J. -------------------------- W.P.(C)No.6122 of 2010 Q -------------------------- JUDGMENT This petition is filed under Article 226 of Constitution of India to quash Exhibit P1 notice issued to the petitioner directing him to appear before Judicial First Class Magistrate's Court-II, Ernakulam in Crime No.237/2010 for its final disposal. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. Exhibit P1 notice does not disclose what is the offence alleged against the petitioner in Crime No.237/2010. Learned Public Prosecutor submitted that crime was registered for the offence under Section 279 of Indian Penal Code and a final report has already been submitted before the court and it has been taken cognizance as C.C.No.1132/2010 by learned Judicial First Class Magistrate-II, Ernakaulam. In such circumstances, it is for the WPC 6122/10 2 learned Magistrate to issue summons to the petitioner to appear before him. The police is not entitled to direct the petitioner to appear before the court even without disclosing that final report was submitted and cognizance was taken. Petition is allowed. Exhibit P1 is quashed. It is made clear that petitioner shall appear before the Magistrate in C.C.No.1132/2010, as when summons is received. 16th March, 2010 (M.Sasidharan Nambiar, Judge) tkv