IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 30TH JUNE 2010 / 9TH ASHADHA 1932 Crl.MC.No. 2393 of 2010() ------------------------- (CRIME NO.46/2006 OF ATTINGAL POLICE STATION) PETITIONER: --------------- SUKUMARY AMMA,D/O.BHAVANI AMMA, AGED 61, PRASANNALAYAM, ELAMBA P.O., AVANAVANCHERRY VIA ATTINGAL. BY ADV. SRI.R.T.PRADEEP SRI.V.VIJULAL RESPONDENTS: --------------- 1. STATE OF KERLA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. K.S.RAMESH BABU, S/O.KARUNAKARAN NAIR, LEKSHMI SANKAR NIVAS, THIRUVALLOOR, ANDOORKONAM KEEZHAVOOR, THIRUVANANTHAPURAM-695584 3. RAMA DEVI,D/O.SARASAMMA, -DO-PIN - 695584 PUBLIC PROSECUTOR SRI.C.S.HRITHIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ------------------------------------- Crl.M.C.No.2393 of 2010 -------------------------------------- Dated this the 30th day of June, 2010 ORDER Petitioner who is the de facto complainant in Crime No.406 of 2006 of Attingal Police Station registered for an offence under Section 304B read with Section 34 I.P.C. challenges Annexure X order dated 23/11/2009 passed by the Judicial Magistrate of the First Class-I, Attingal accepting the refer report filed by the investigating officer and closing C.M.P.No.246/2009 which was filed by the petitioner earlier for further investigation. 2. It was on the basis of C.M.P.No.246/2009 filed by the petitioner that further investigation was ordered and the Deputy Superintendent of Narcotic Cell conducted further investigation of the case and filed a supplementary report to the effect that no offence alleged by the petitioner was revealed. It was the said supplementary final report filed after further investigation which was accepted by the Magistrate without giving notice to the petitioner. The justification given by the court below for not giving notice to the petitioner is that the petitioner did not file any objection even after Crl.M.C.No.2393/2010 : 2 : issuance of notice by the investigating officer. In the light of the decision of the Apex Court in Bhagwant Singh Vs. Commissioner of Police & another AIR 1985 (SC) 1285 the court below was bound to give notice to the petitioner before accepting the refer report. Annexure X order dated 23/11/2009 is accordingly set aside and the matter is remitted back to the court below for passing fresh order on the supplementary final report after giving the petitioner as well as the public prosecutor an opportunity of being heard. The petitioner shall appear before the Judicial Magistrate of the First Class-I, Attingal on 12/7/2010 without any further notice. V.RAMKUMAR, JUDGE skj