IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 4TH AUGUST 2008 / 13TH SRAVANA 1930 WP(C).No. 21675 of 2008(E) -------------------------- AGAINST THE ORDER DATED / / IN CMP.862/05 IN RC.37/2005 of C.J.M.PALAKKAD .................... PETITIONER: ------------ KRISHNAKUMARI, D/O CHELLAN, AGED 33 YEARS, ULLATTIKKAL VEEDU, ETHANNUR AMSOM, DESOM, CHITTUR TALUK, PALAKKAD DISTRICT. BY ADV. SMT.A.PREMAKUMARI RESPONDENTS: ------------- 1. MANIKANDAN, S/O VELAYUDHAN, AGED 38 YEARS, THOTTUPALAM, KANNANNUR, PALAKKAD TALUK AND DISTRICT. 2. VELAYUDHAN, AGED ABOUT 66,THOTTUPALAM, KANNANNUR, PALAKKAD TALUK AND DISTRICT. 3. KAMALAKSHI, W/O VELAYUDHAN , AGED ABOUT 56,THOTTUPALAM, KANNANNUR, PALAKKAD TALUK AND DISTRICT. 4. VIJAYAN, S/O VELAYUDHAN, AGED ABOUT 34 YEARS, THOTTUPALAM, KANNANNUR, PALAKKAD TLUK AND DISTRICT. 5. USHAKUMARI, D/O VELAYUDHAN, AGD ABOUT 33 YEARS, THOTTUPALAM, KANNANNUR, PALAKKAD TALUK AND DISTRICT. 6. SUB INSPECTOR OF POLICE, TOWN SOUTH POLICE STATION, PALAKKAD. -: 2 :- 7. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P. SRI.C.K. SURESH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- W.P.(c) No. 21675 of 2008-E ------------------------------------------------- Dated this the 4th day of August, 2008 JUDGMENT The grievance of the petitioner – a woman, when this writ petition came up for admission, was that the negative final report in Crime No.183/05 of the Palakkad Town South Police Station wherein she is the de facto complainant has been accepted without notice to her as insisted by Bhagwant Singh v. Commissioner of Police (AIR 1985 SC 1285). 2. A report of the learned Chief Judicial Magistrate was called for. The report has been obtained. The report shows that notice was given and the petitioner had entered appearance and the petitioner had only wanted that she be permitted to file a private complaint. No private complaint was filed and it was accordingly that the negative final report was accepted. The learned counsel for the petitioner, after perusal W.P.(c) No. 21675 of 2008 -: 2 :- of the report, only prays that the petitioner's option to file a protest private complaint may remain unfettered. The petitioner can, of course, file a private complaint and the learned Magistrate must consider the same in accordance with law. 3. This writ petition is, in these circumstances, dismissed as agreed with the above observations. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge