IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN WEDNESDAY, THE 13TH FEBRUARY 2008 / 24TH MAGHA 1929 Crl.MC.No. 3324 of 2004() ------------------------- (CRIME NO.287/2003 OF RANNI POLICE STATION) PETITIONER: ------------ JOHNSON @ MALLAPPALLY JOHNSON, S/O.SAMUEL, PLAMTHOTTATHIL VEEDU, CHENGARAMURI, MALAYALAPPUZHA VILLAGE. BY ADV. SRI.SURESH JOSE RESPONDENTS: ------------- 1. THE CIRCLE INSPECTOR OF POLICE, RANNI POLICE STATION. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI C.M. KAMMAPPU. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.K.MOHANAN,J. ---------------------------------------------- CRL.M.C.No.3324 of 2004 ---------------------------------------------- Dated, 13th February, 2008 ORDER The accused in crime No.287/2003 of Ranni Police Station is the petitioner herein who approached this Court by filing this petition under section 482 of the Cr.P.C. with a prayer for a direction to the respondents to file the final report in the above crime within a time to be fixed by this Court. 2. From the materials it appears that the crime was registered on 14-11-2003 and thereafter about 4 years have elapsed. This Court has no jurisdiction to issue a direction as prayed for under section 482. It is the prerogative of the Investigating Officer to conduct a fair and proper investigation and to file a final report for which time may require. There is no averment as to any kind of prejudice caused to the petitioner because of the non filing of the report. 3. It appears that the above Crl.M.C. was filed as CRMC 3324/04 -:2:- early as on 6-12-2004 and thereafter the matter was being adjourned on several occasions due to the absence of the counsel and the matter has been adjourned and ordered to post when moved again. Today also when the matter is taken for consideration, there is no representation. 4. As stated earlier, crime was registered on 14-11-2003 and today this Court is not in a position to know whether the final report was filed or not or whether the case was referred or not. In the absence of those materials and nobody is interested in prosecuting this Crl.M.C., there is no other option but to dismiss the same for default. Accordingly the Crl.M.C. is dismissed for default. V.K.MOHANAN, JUDGE. kvm/- CRMC 3324/04 -:3:- V.K.MOHANAN, J. No.... Judgment/Order Dated: CRMC 3324/04 -:4:-