IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 20TH JULY 2010 / 29TH ASHADHA 1932 WP(C).No. 21301 of 2010(Q) -------------------------- (CRIME NO.874/2006 OF MANNARKAD POLICE STATION) .................... PETITIONER: --------------- KUNJUMOIDEEN, S/O.KUNHAMMU, PARAMBIL VEETTIL, VENNIYOOR DESOM, VENNIYOOR AMSOM, THENNALA TALUK, TIRURANGADI, MALAPPURAM DISTRICT. BY ADV. SMT.S.JASMINE RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. SUB INSPECTOR OF POLICE, MANNARKKAD POLICE STATION. 3. SUPERINTENDENT OF POLICE, PALAKKAD DISTRICT. PUBLIC PROSECUTOR SRI.C.S.HRITHWICK THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.RAMKUMAR, J. ----------------------------------- W.P.(C).No.21301 of 2010 ------------------------------------ Dated this the 20th day of July, 2010 JUDGMENT Petitioner who is the de facto complainant in Crime No.874 of 2006 of Mannarkad Police Station for offences punishable under Sections 392, 354, 342, 324 & 323 read with Section 34 of I.P.C., seeks to quash Ext.P9 order passed by the Judicial Magistrate of the First Class, Mannarkad closing C.M.P.No.602 of 2009 and seeks a direction to hand over the investigation of the above crime to the Crime Branch Police. The petitioner has also prayed for directing the Sub Inspector of Police, Mannarkad and Superintendent of Police, Palakkad to furnish a copy of the Refer Report to the petitioner. 2. The learned Public Prosecutor on instructions submitted that a Refer Report was already filed before the Judicial Magistrate of the First Class, Mannarkad on 10/3/2010 and that Ext.P9 is an order closing the application filed by the petitioner in the year 2009 for ascertaining the then stage of the investigation in the above crime. 3. If a Refer Report has already been filed before the Magistrate, then the remedy of the petitioner is to request the W.P.(C).No.21301/2010 : 2 : Magistrate not to accept the Refer Report if the petitioner is able to show that there is a case for taking cognizance of any offence or in the alternative, the petitioner can file a protest complaint registering his protest against the Refer Report filed by the Police. In any case, the remedy of the petitioner is to move the Judicial Magistrate of the First Class, Mannarkad. Accordingly this writ petition is disposed of permitting the petitioner to move the Judicial Magistrate of the First Class, Mannarkad for appropriate reliefs against the Refer Report filed in the above crime. In case the petitioner has not been furnished a copy of the Refer Report the learned Magistrate shall direct the Station House Officer, Mannarkad to furnish a copy of the Refer Report to the petitioner. It is needless to mention that the Refer Report will not be accepted without giving the petitioner an opportunity of being heard in the light of the decision reported in AIR 1985 (SC) 1285. V.RAMKUMAR, JUDGE skj