IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 30TH AUGUST 2010 / 8TH BHADRA 1932 Crl.MC.No. 1967 of 2009(E) -------------------------------------- [CC.NO.118/2009 OF JUDL. MAGISTRATE OF FIRST CLASS COURT, CHAVAKKAD] .................... PETITIONER/ACCUSED: ---------------------------------- R.V.KHALID, AGED 55 YEARS, S/O.MAMOOTTY, RAYAM MARAKKAR HOUSE, GURUVAYOOR DESOM, THAIKKAD AMSOM, CHAVAKKAD TALUK, THRISSUR DISTRICT. BY ADVS. SRI.RAJIT, SRI.RANJIT BABU. RESPONDENT/STATE & DEFACTO COMPLAINANT: ------------------------------------------------------------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. T.D.JOSE, AGED 59 YEARS, S/O.THARAKAN DEVASSI, PANNISSERRI DESOM, ALOOR VILLAGE, THALAPPILLY TALUK, THRISSUR DISTRICT. R1 BY PUBLIC PROSECUTOR SRI. P.A. SALIM, R2 BY ADVS. SRI.S.RAJEEV, SRI.N.K.UNNIKRISHNAN. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 30/08/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.1967 OF 2009 --------------------------------------------- Dated 30th August, 2010 O R D E R Accused in C.C.118/2009 on the file of Judicial First Class Magistrate's court, Chavakkad taken cognizance for the offences under Sections 403, 406, 409 and 420 of Indian Penal Code filed this petition under Section 482 of Code of Criminal Procedure to quash the order taking cognizance contending that learned Magistrate has not considered the refer report while taking cognizance. 2. Learned counsel appearing for the petitioner and learned counsel appearing for the second respondent were heard. 3. Learned counsel appearing for Crmc 1967/09 2 the petitioner pointed out that Annexure-F order does not show that the refer report submitted by the Investigating Officer was even taken into consideration. Learned counsel appearing for the second respondent fairly submitted that Annexure-F does not indicate that the refer report was taken into consideration. In such circumstances, Annexure-F order is quashed. Judicial First Class Magistrate, Chavakkad is directed to consider the complaint in accordance with law, after considering the refer report and all the materials submitted along with refer report also. M.SASIDHARAN NAMBIAR, JUDGE. uj. Crmc 1967/09 3