IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN THURSDAY, THE 15TH DECEMBER 2011 / 24TH AGRAHAYANA 1933 OP(Crl.).No. 4132 of 2011(Q) ---------------------------- CRIME NO:175/2011 OF ERUMAPETTY POLICE STATION .................... PETITIONER ---------- K.T.JOY, S/O.THOMAS, KUNALIL HOUSE, POOTHURUTHI VILLAGE, WADAKKANCHERY. BY ADVS. SRI.C.HARIKUMAR SMT.V.V.ASHA RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682031. 2. RAGHAVAN, S/O.APPUKUTTAN, PATHIPARAMBIL HOUSE, NELLUVAYA 680584, THRISSUR DISTRICT. R1 BY PUBLIC PROSECUTOR SMT.JASMINE THIS O. P. (CRIMINAL) HAVING COME UP FOR ADMISSION ON 15/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(Crl.).No. 4132 of 2011(Q) APPENDIX PETITIONERS EXHIBITS: P1: COPY OF THE FIRST INFORMATION REPORT NO:175/2011 OF THE ERUMAPETTY POLICE STATION P2: COPY OF THE INTIMATION OF FILING OF THE REFER REPORT IN CRIME NO:175/2011 RESPONDENTS EXHIBITS: NIL //TRUE COPY// P.A.TO JUDGE JJJ N.K. BALAKRISHNAN, J. ------------------------------------------ O.P.(Crl.) No: 4132 OF 2011 (Q) ------------------------------------------ Dated this the 15th day of December, 2011 J U D G M E N T The petitioner is the defacto complainant in Crime No.175/2011 of Erumapetty Police Station, Thrissur District. The learned counsel for the petitioner submits that the petitioner/defacto complainant received a notice from the police officer to the effect that his case was referred as 'dispute of civil nature'. When the petitioner enquired he was told from the office of the learned Magistrate that no final report was filed before that Court. It is also submitted by the learned counsel that in fact an application was filed for getting the certified copy of the final/refer report filed by the police. That has not been received so far. Hence the following direction is issued: O.P.(Crl.) No: 4132 OF 2011 (Q) -2- 2. If the Investigating Officer had already filed a final report referring the case as dispute of civil nature or on any other ground, then notice shall be issued to the petitioner who is the defacto complainant in the aforesaid case, so as to enable him to file protest complaint if he so chooses. This petition is disposed of accordingly. N.K. BALAKRISHNAN, JUDGE jjj