IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 20TH JUNE 2011 / 30TH JYAISHTA 1933 Crl.MC.No. 1112 of 2011() -------------------------------------- CRIME NO.25/2006 OF CANTONMENT POLICE STATION, THIRUVANANTHAPRUAM ----------------------------- PETITIONER(S): ------------------------- P.NAZAR, S/O. PEERUMOIDEEN, AGED 44 YEARS, T.C. NO.23/220, ALIFIYA MANZIL, VRINDAVAN GARDEN, KOWDIAR,THIRUVANANTHAPURAM. BY ADV. SRI.S.RAJEEV RESPONDENT(S): --------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. (CRIME NO.25/2006 OF CANTONMENT POLICE STATION, THIRUVANANTHAPURAM.) BY PUBLIC PROSECUTOR SRI.V.MANU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts CRMC.NO.1112/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEX-1: COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.25/2006. ANNEX-II: COPY OF THE REFER REPORT IN CRIME NO.25/2006 OF CANTONMENT POLICE STATION. RESPONDENT'S ANNEXURES: NIL /TRUE COPY/ P.A.TO.JUDGE sts THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.1112 of 2011 --------------------------------------- Dated this 20th day of June, 2011 ORDER Petitioner is the de facto complainant in Crime No.25 of 2006 of Cantonment Police Station, Thiruvananthapuram. Prayer in this petition is to direct learned Judicial First Class Magistrate- III, Thiruvananthapuram to order further investigation in Crime No.25 of 2006. In the petition, it is contended that on the police submitting refer report petitioner submitted a protest complaint requiring proper investigation but, no order has been passed. 2. I have heard learned counsel for petitioner and learned Public Prosecutor. I have also called for information from the learned Magistrate through the Registrar (Judicial). 3. At the time of hearing learned counsel for petitioner in fairness conceded that no protest complaint has been filed before learned Magistrate. Annexure-II, copy of the refer report shows that on 27.10.2006 learned Magistrate had directed notice of the refer report to be issued to the petitioner to be returned on or before 01.12.2006. Learned Magistrate has informed that on receipt of notice petitioner moved an application before learned Magistrate seeking adjournment of the case as it was not Crl.M.C.No.1112 of 2011 -: 2 :- convenient to him to appear before learned Magistrate on 01.12.2006. The case was ordered to be called on 15.12.2006 but the order sheet does not indicate that the case was called on 15.12.2006. Thereafter no order is seen passed (obviously on the refer report). 4. In view of the above, learned Magistrate has to take up the refer report and pass appropriate orders as provided under law after hearing petitioner also. Learned counsel requested that petitioner may be permitted to file a protest complaint. It is open to the petitioner to proceed before the learned Magistrate as the law permits. Resultantly this criminal miscellaneous case is disposed of in the following lines: Learned Judicial First Class Magistrate-III, Thiruvananthapuram is directed to take up the refer report in Crime No.25 of 2006 of Cantonment Police Station (if it is not already taken up and posted for hearing) and pass appropriate orders as provided under law after hearing petitioner also. (THOMAS P JOSEPH, JUDGE) Sbna/-