IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 24TH OCTOBER 2008 / 2ND KARTHIKA 1930 Crl.MC.No. 3651 of 2008() -------------------------------------- (CRIME NO.306 OF 2007 OF THOPPUMPADY POLICE STATION) PETITIONER(S): DEFACTO COMPLAINANT: ---------------------------------------------------------------- K.P.JYOTHISH, S/O.BHASKARAN, AGED 44 YEARS, RESIDING AT 'GEETHA', KANNUR AMSOM, THALIKKAVU DESOM, KANNUR DISTRICT. BY ADV. SRI.S.RAJEEV RESPONDENT(S): ACCUSED & STATE: ---------------------------------------------------------- 1. K.T.JOSEPH, S/O.THOMAS, AGED 54 YEARS, KUZHIKKATTA HOUSE, POOLAKKUTTY P.O., KANNUR DISTRICT, NOW RESIDING AT 27/2653 A, YUVAJANA SAMAJAM ROAD, KADAVANTHRA, KOCHI. 2. RANI JOSEPH, W/O.K.T.JOSEPH, KUZHIKKATTA HOUSE, POOLAKKUTTY P.O., KANNUR DISTRICT, NOW RESIDING AT 27/2653 A, YUVAJANA SAMAJAM ROAD, KADAVANTHRA, KOCHI. 3. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERANKULAM (CRIME NO.306 OF 2007 OF THOPPUMPADY POLICE STATION). BY PUBLIC PROSECUTOR SRI. S.U.NAZAR-R3 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 3651 of 2008 ------------------------------------------------- Dated this the 24th day of October, 2008 ORDER The petitioner is the de facto complainant in Crime No.306/07 of the Thoppumpady Police Station. Final report has already been submitted in that crime by the Investigating Officer. It is a negative final report. The learned Magistrate has not accepted the report and is considering the objections to the said negative report raised by the petitioner herein. That matter was pending before the learned Judicial Magistrate of the First Class-II, Kochi. I am now informed that the case has been transferred to the Court of the Judicial Magistrate of the First Class-I, Kochi. 2. The short request of the petitioner herein is that the Case Diary in this crime which is now placed before the learned ACJM, Ernakulam, may be directed to be sent to the Crl.M.C. No. 3651 of 2008 -: 2 :- court which is now considering the refer report to facilitate an early and expeditious disposal of the objections raised to the refer report. 3. The petitioner's request does appear to me to be fair and legitimate. If the objections to the final report are to be disposed of expeditiously, a perusal of the Case Diary may certainly be necessary. It is for the Magistrate concerned to decide whether perusal of the Case Diary is necessary specifically. If the learned Magistrate feels that the Case Diary must also be perused by him to decide the course of action to be taken on the final report submitted, it is for the learned Magistrate to promptly address the learned ACJM and get the Case Diary for his perusal. After such perusal, the Case Diary can certainly be sent back to the Court of the ACJM. 4. With a direction that learned Magistrate must take necessary steps to get the Case Diary in Crime No.306/07 of the Thoppumpady Police Station by addressing the learned ACJM, I am satisfied that this Crl.M.C. can now be closed. 5. The learned counsel for the 1st respondent submits that a carbon copy of the Case Diary is already placed before the court concerned. If the learned Judicial Magistrate of the First Class-I, Kochi, before whom the matter is pending already has a Crl.M.C. No. 3651 of 2008 -: 3 :- carbon copy, he need call for the records only if he feels the need to peruse the original. 6. With the above observations, this Crl.M.C. is dismissed. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge