IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 22ND MAY 2008 / 1ST JYAISHTA 1930 Crl.MC.No. 1504 of 2008() ------------------------- CC.1343/2000 of JUDL.MAGISTRATE OF FIRST CLASS COURT-I, PATHANAMTHITTA .................... PETITIONER: COMPLAINANT ----------------------- RAICHAL MATHEW, W/O.AJI B.NAIR AJI NIVAS, EDAYARANMULA MURI, EDAYAARANMULA P.O. ARANMULA VILLAGE, KOZHENCHERRY TALUK PATHANAMTHITTA. BY ADV. SRI.V.SANTHARAM SRI.ANTO THOMAS SRI.LAKSHMEESH.S.KAMATH RESPONDENTS: STATE AND ACCUSED ------------------------------ 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. 2. THOMAS KOSHY, BRANCH MANAGER INDIAN OVERSEAS BANK, EDAYARANMUALA BRANCH EDAYARANMULA P.O., ARANMULA VILLAGE KOZHENCHERRY TALUK. 3. ANNE MATHEW, D/O.MATHEW "PUTHIYA VEETTIL", EDAYARANMULA P.O. ARANMULA VILLAGE, KOZHENCHERRY TALUK PATHANAMTHITTA. R1 BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 1504 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 22nd day of May, 2008 O R D E R The petitioner is the defacto complainant in a prosecution for offences punishable, inter alia, under Sections 420 and 409 I.P.C. The proceedings were initiated on the basis of a private complaint filed by the petitioner before the learned Magistrate, which was referred to the police under section 156(3) Cr.P.C. Crime was registered. Investigation was conducted. Final report was filed by the police after such investigation. The learned Magistrate has taken cognizance of the offences alleged against the accused persons. It is submitted that the learned Magistrate directed that certain documents be forwarded to the Forensic Science Laboratory for comparison and expert opinion. The petitioner came to know of such steps taken by the learned Magistrate only later and when he came to know of such steps, the petitioner has raised his objections against the Magistrate accepting such report. The learned Magistrate is seized of the Crl.M.C.No. 1504 of 2008 2 matter and orders are expected to be passed on such objections raised by the petitioner. 2. The petitioner has come to this Court at this stage with a prayer that directions under Section 482 Cr.P.C. may be issued. The learned counsel raises various contentions. He argues that the petitioner has several objections to be raised against the formal reception and introduction in evidence of the said report. I am not persuaded to agree that any direction under Section 482 Cr.P.C. need or deserves to be issued now to the learned Magistrate. The petitioner can raise all his objections against the receipt of such report. The petitioner has a contention that such report cannot be recorded in evidence without formal proof. That contention can also be raised before the learned Magistrate. 3. This Crl.M.C. is accordingly dismissed making it clear that the petitioner can raise all his objections against the said report before the learned Magistrate. (R. BASANT) tm Judge Crl.M.C.No. 1504 of 2008 3