IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN WEDNESDAY, THE 19TH OCTOBER 2011 / 27TH ASWINA 1933 Crl.MC.No. 3547 of 2011() ------------------------------------- CC.75/2010 OF JUDICIAL MAGISTRATE OF FIRST CLASS COURT, PALA CRIME NO.110/2009 OF KURUVILANGAD POLICE STATION. .................... PETITIONER/DEFACTO COMPLAINANT ---------------------------------------------------------- JOEMON LUCKOSE, S/O.LUCKOSE, VETTICKAL HOUSE, URAVAKUZHI, UZHAVOOR VILLAGE, AREEKKARA, KOTTAYAM DISTRICT. BY ADV. SMT.K.V.BHADRA KUMARI RESPONDENTS/COMPLAINANT & ACCUSED ------------------------------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031. 2. JOY, S/O.ABRAHAM, THALIPLACKIL HOUSE, AREEKKARA P.O., UZHAVOOR VILLAGE, KOTTAYAM DISTRICT-689 001. 3. KURIAN, S/O.MATHEW, KEEPARA PUTHENPURAYIL HOUSE, AREEKKARA P.O., UZHAVOOR VILLAGE, KOTTAYAM DISTRICT-689 001. 4. PRASAD SIMON, S/O.CHUMMAR, KANDACHAMKUNNEL HOUSE, AREEKKARA P.O., UZHAVOOR VILLAGE, KOTTAYAM DISTRICT-689 001. R1 BY PUBLIC PROSECUTOR MR.RAJESH VIJAYAN. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs Crl.MC.No. 3547 of 2011 APPENDIX PETITIONER'S ANNEXURES:- ANNEXURE 1 TRUE COPY OF THE FIR IN CRIME NO.109/2009 OF KURUVILANGAD POLICE STATION. ANNEXURE II TRUE COPY OF THE FINAL REPORT FILED BY THE S.I. OF POLICE, KURUVILANGAD. ANNEXURE III TRUE COPY OF THE REPORT SUBMITTED BY THE POLICE FOR DELETING SECTIONS 365 & 506 (I) IN THE ABOVE CRIME. RESPONDENT'S ANNEXURES:- NIL. //TRUE COPY// P.S. TO JUDGE rs N.K.BALAKRISHNAN, J. ---------------------------------------------------- Crl.M.C.No.3547 of 2011 ---------------------------------------------------- Dated this the 19th day of October, 2011 Order The petitioner is the defacto complainant in crime No.110 of 2009 of Kuruvilangad Police Station. The learned counsel for the petitioner submits that the complaint was filed by the petitioner before the police alleging offences under Sections 365 and 506(i) read with 34 IPC. The police officer conducted a biased investigation, causing prejudice to the complainant/petitioner and later filed a final report incorporating only Section 342 read with 34 IPC, it is contended. The learned counsel submits that the real grievance of the petitioner was not at all considered by the investigating officer and that no information was also given to the complainant with regard to the same. According to the complainant, such a final report was filed only to help the accused to escape from the punishment prescribed for a major offence under Section 365 IPC. According to the petitioner, he came to know that the offence charged against the accused is under Section 342 only when summons was received from the Crl.M.C.3547/11 2 court. The learned counsel submits that the petitioner is intending to file a private complaint before the learned Magistrate based on the original complaint filed by him before the police. Since summons are issued to the complainant, the learned Magistrate is likely to proceed with the trial. If so, the grievance of the complainant cannot be redressed, learned counsel submits. In the light of what is stated above, this Crl.M.C. is disposed of issuing the following directions: If the petitioner/complainant is aggrieved, he can file a complaint before the JFCM Court, Palai. After conducting enquiry under Section 202 Cr.P.C., the learned Magistrate has to proceed with that complaint in accordance with law. Since the petitioner submits that he is intending to file such a complaint, the learned Magistrate will stop the trial in the police charge sheeted case provided the petitioner files such a complaint within three weeks from today. Thereafter the learned Magistrate will proceed with the cases in accordance with law. N.K.BALAKRISHNAN, JUDGE. srd Crl.M.C.3547/11 3 Crl.M.C.3547/11 4