IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 3RD FEBRUARY 2011 / 14TH MAGHA 1932 CRL.MC.NO. 317 OF 2011() --------------------------------------- PETITIONER(S): ------------------------- MALU, W/O.RAMUTTY, AGED 72 YEARS, KUNNATHUTHAZHATHU HOUSE, NELLIKODE AMSOM, KOZHIKODE TALUK, (MEDICAL COLLEGE POLICE STATION LIMIT). BY ADV. SRI.NIRMAL. S RESPONDENT(S): -------------------------- 1. ARAKKAL AHAMMEDKOYA, AGED 58 YEARS, S/O.ADHULLAKOYA, THEGATTPARAMBIL, 4/335-A, KACHERI AMSOM, KOZHIKODE TALUK. 2. AJITH KUMAR, AGED 35 YEARS, S/O.SUGUNAN, PADANNAPURATH, THIRUTHIYADU, KACHERI AMSOM, KOZHIKODE TALUK. 3. K.V.JANARDHANAN, AGED 60 YEARS, S/O.ANDI,'ROHINI', VATTIKANDIPARAMBU, KIZHAKKEPURATHU, POOMKAVANAM ROAD, NELLIKODE AMSOM, KOZHIKODE TALUK. 4. SUGUNAN, AGED 60 YEARS, S/O.NAYADIKANDAN PADANNUPURATH, THIRUTHIYADU, KACHERI AMSOM, KOZHIKODE TALUK. 5. THE SUB INSPECTOR OF POLICE, THE MEDICAL COLLEGE POLICE STATION, KOZHIKODE. 6. THE COMMISSIONER OF POLICE, KOZHIKODE. BY PUBLIC PROSECUTOR SHRI K.J. MOHAMMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.317 of 2011 ==================================== Dated this the 03rd day of February, 2011 O R D E R This petition is filed for a direction to respondent Nos.5 and 6 to take action on the complaint preferred by the petitioner to them. Case of petitioner is that she is a Harijan widow. She had borrowed Rs.65,000/- from respondent 3 and pledged her property as security with him. But respondent 3 has falsely registered the property in his name without the knowledge of petitioner and thereby committed the offence. Petitioner states that though she preferred complaint before the Sub Inspector, there was no action. Hence this petition. Learned Public Prosecutor pointed out from paragraph 5 of the petition that a complaint preferred to the Sub Inspector of Medical College Police Station in September, 2010 alleging offences punishable under Sections 406, 471, 418, 420 and 120B of the Indian Penal Code and under Section 3(IV) and (V) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act ended in a refer report. 2. If the complaint preferred by the petitioner has ended in a refer report, petitioner has to take necessary action as CRL.M.C. No.317 of 2011 -: 2 :- provided under the Code of Criminal Procedure before the court where such report is filed. In the light of what is revealed from paragraph 5 of the petition this Court is not required to issue any direction to respondents 4 and 5 to enquire into the complaint preferred by petitioner. Hence without prejudice to the right of petitioner to take appropriate action against the refer report as provided under law, this Criminal Miscellaneous Case is closed. THOMAS P. JOSEPH, JUDGE. vsv