IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 2ND DECEMBER 2008 / 11TH AGRAHAYANA 1930 Crl.MC.No. 4433 of 2008() ------------------------- CR.NO. 474/08 OF ADOOR POLICE STATION CC.926/2008 of JUDL.MAGISTRATE OF FIRST CLASS COURT, ADOOR .................... PETITIONER/COMPLAINANT: ---------------------------------------- GEORGEKUTTY, AGED 47 YEARS, S/O. GEE VARGHESE, EDAVILAYIL PUTHENVEEDU, ANANDAPALLI, P.O. PANNIVIZHA MURI, ADOOR VILLAGE. BY ADV. SRI. K.SHAJ SRI.SAJJU.S RESPONDENT/STATE/ACCUSED: --------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SAHADEVAN, S/O. RAGHAVAN, SAJESH BHAVAN, VAYANNAKUNNU, ANGADIKKAL NORTH, ANGADIKKAL VILLAGE, ADOOR TALUK. R1 BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 4433 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of December, 2008 O R D E R The petitioner is the defacto complainant/informant in a case registered alleging offences punishable under Sections 279, 337 and 338 I.P.C. The police, after completing the investigation, filed a negative final report. Notice was issued to the defacto complainant/the petitioner herein. He entered appearance before the learned Magistrate on 16.8.2008. According to him, he wanted the learned Magistrate to give him time to file a protest complaint. The learned Magistrate on 16.8.08, on the ground that no protest complaint has been filed, has accepted the refer report. 2. The petitioner is aggrieved by the acceptance of the refer report. The learned counsel for the petitioner submits that the petitioner actually did not submit before the learned Magistrate that he had no protest/objection against the final report. He actually wanted further time to file his objection/ Crl.M.C.No. 4433 of 2008 2 protest complaint. The learned Magistrate without noting those facts, has proceeded to accept the final report on the short ground that no protest complaint was filed. 3. After discussions at the Bar, the learned counsel for the petitioner submits that the petitioner shall be satisfied if the petitioner is given opportunity to file a protest complaint now. 4. The petitioner can do the same. The mere fact that the final report has been accepted by the learned Magistrate will not in any way absolve the learned Magistrate of the obligation to deal with that protest complaint in accordance with law. 5. This Crl.M.C. is dismissed with the above observations. (R. BASANT) Judge tm Crl.M.C.No. 4433 of 2008 3 R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 4433 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of November, 2008 O R D E R The short grievance of the petitioner – defacto complainant in a crime registered alleging offences punishable under Sections 279 and 337 I.P.C. - is that he was not granted effective opportunity to raise his objections against the final report submitted by the police. 2. Call for a report from the learned Magistrate about the sequence of events. It shall be specifically conveyed to this court whether the petitioner was given a reasonable opportunity to raise his objections against the negative final report submitted by the police. All relevant details shall be furnished to this court by the learned Magistrate in such report. The report must reach this Court by 1.12.2008. Call on 2.12.2008. (R. BASANT) Crl.M.C.No. 4433 of 2008 4 Judge tm