IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 25TH JANUARY 2011 / 5TH MAGHA 1932 Crl.MC.No. 5021 of 2010() ------------------------- CMP.4462/2010 of CHIEF JUDICIAL MAGISTRATE COURT, THIRUVANANTHAPURAM CRIME NO.290 OF2010 OF VALIYATHURA POLICESTATION, THIRUVANANTHAPURAM .................... PETITIONER(S): PETITIONER/DEFACTO COMPLAINANT --------------------------------------------- S.JAYACHANDRAN, GENERAL SECRETARY, AIRPORT TAXI DRIVERS & CLEANERS CONGRESS, T.C.30/745/3, THULAYIL VEEDU, THULAYIL LANE, PETTAH, THIRUVANANTHAPURAM, PIN 695024. BY ADV. SRI.GOPAKUMAR R.THALIYAL SRI.P.R.PRATEESH RESPONDENT(S): RESPONDENTS/STATE -------------------------------- 1. AMBALATHARA.C.CHANDRA BABU,FORMER PRESIDENT OF AIRPORT TAXI DRIVERS'& CLEANERS CONGRESS, THIRUVANANTHAPURAM,RESIDING AT KOCHUPUTHUVAL PUTHEN VEEDU,AMBALATHARA, POONTHURA (PO), THIRUVANANTHAPURAM-695008. 2. P.ASHOKUMAR,FORMER SECRETARY OF AIRPORT TAXI DRIVERS' & CLEANERS CONGRESS, THIRUVANANTHAPURAM AIR PORT, THIRUVANANTHAPURAM-695008. 3. THE SUB INSPECTOR OF POLICE, VALIYATHURA, THIRUVANANTHAPURAM- 695008. 4. THE ASSISTANT COMMISSIONER OF POLICE, SHANGUMUGHAM, THIRUVANANTHAPURAM, PIN-6595008. 5. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682031. PUBLIC PROSECUTOR SHRI K.J.MOHAMMED ANZAR FOR R3 TO R5 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.5021 of 2010 -------------------------------------- Dated this the 25th day of January, 2011. ORDER Petitioner is the defacto complainant in Annexure-I, FIR registered against respondent Nos.1 and 2 for offences punishable under Sections 420 and 427 read with Section 34 of the Indian Penal Code. Grievance of the petitioner is that the Police did not properly investigate the case and recover the material objects. Thereon, petitioner Annexure-II, petition before learned Chief Judicial Magistrate, Thiruvananthapuram for a direction for proper investigation. Learned Chief Judicial Magistrate has passed Annexure-III, order dated December 6, 2010 observing that since investigation is going on, interference at that stage is not required. Learned counsel submits that the limited prayer that petitioner makes in this proceeding is that a direction may be given to the Investigating Officer to seize documents relating to the vehicle in question and produce the same in court so that petitioner could get custody of the documents and ply the vehicle. Learned Public Prosecutor after getting instruction submitted that investigation revealed that no offence is made out and that the dispute is of a civil nature. It is also submitted that a report in that line will be submitted before the court concerned. 2. In the light of that submission of learned Public Prosecutor no further direction is required in this regard. But I make it clear that if any such Crl.M.C.No.5021/2010 2 report is submitted before learned Chief Judicial Magistrate, it is open to the petitioner on getting notice to initiate further action in the matter as provided under law. Petition is closed with the above observation. THOMAS P.JOSEPH, Judge. cks