IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 14TH SEPTEMBER 2010 / 23RD BHADRA 1932 Crl.MC.No. 3782 of 2010() ------------------------------ (CRIME NO. 342/2010 IN PUTHUNAGARAM POLICE STATION, PALAKKAD DISTRICT.) ........... PETITIONER(S): ------------------- CHENTHAMARAKSHAN, S/O. N.K.VELAN THEYYAN, 64 YEARS, KAITHARVIL HOUSE, VANDITHAVALAM CHITTOR, PALAKKAD DISTRICT. BY ADVS. SRI.K.MOHANAKANNAN SMT.A.R.PRAVITHA RESPONDENT(S): -------------------- 1. STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, PUDUNAGARAM POLICE STATION, PALAKKAD-678 503 2. SAROJINI, W/O. CHANDRAN, NEDUVALLY, KALATHIL HOUSE, OZHIVUPARA, PALLASANA, PALAKKAD DISTRICT- 678 505. 3. CHANDRAN, S/O. APPUKUTTAN, NEDUVALLY, KALATHIL HOUSE, OZHIVUPARA, PALLASANA, PALAKKAD DISTRICT- 678 505. 4. GITHESH, S/O. CHANDRAN, NEDUVALLY, KALATHIL HOUSE, OZHIVUPARA, PALLASANA, PALAKKAD DISTRICT- 678 505. BY PUBLIC PROSECUTOR SMT. M.K. PUSHPA LATHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: SVS/ M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 3782 OF 2010 =========================== Dated this the 14th day of September,2010 ORDER Petitioner the de facto complainant in Crime No.342/2010 of Pudunagaram Police Station registered for the offences under section 420 read with section 34 of Indian Penal Code filed this petition under section 482 of the Code of Criminal Procedure to quash Annexure-II notice and to direct the Station House Officer, Pudunagaram Police Station to investigate the case. Annexure I complaint was filed before Judicial First Class Magistrate-II by the petitioner alleging that respondents 2 to 4 committed the offence under section 420 read with section 34 of Indian Penal Code. It was sent for investigation under section 156(3) of Code of Criminal Procedure. On receipt of the complaint so forwarded, Crime 342/2010 was Crl.M.C.3782/2010 2 registered. Annexure II notice was sent by the police intimating the petitioner that a final refer report has been submitted before the court. When a refer report is filed before the Magistrate, before accepting the report, Magistrate is bound to issue notice to the de facto complainant. On receipt of a notice from the court, the complainant is entitled to file an objection/complaint which is termed as a protest complaint. Learned Magistrate has to consider whether the refer report submitted by the police is to be accepted or not, only after hearing the petitioner and taking into consideration the objection/protest complaint filed by the petitioner. The remedy of the petitioner is to approach before the Magistrate and raise his objections against acceptance of the refer report. The Magistrate is not bound to accept the final report. Magistrate is competent to conduct an inquiry under section 202 of Code of Criminal Procedure and take cognizance or direct the Sub Inspector to conduct a further investigation or Crl.M.C.3782/2010 3 accept the final report as submitted. With liberty to raise the contentions before the learned Magistrate, petition is dismissed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006