IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 13TH DECEMBER 2010 / 22ND AGRAHAYANA 1932 WP(C).No. 27641 of 2010(Q) -------------------------- (CMP.318/2010 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, ALUVA) .................... PETITIONER: --------------- SALIM, AGED 40 YEARS, S/O.PAREED, MANAPARAMBU HOUSE, KOTTAPPURAM KARA, ALANGADU VILLAGE, ERNAKULAM DISTRICT. BY ADVS. SRI.NAVEEN THOMAS SRI.RENJITH THOMAS RESPONDENTS: ---------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. OFFICE OF DISTRICT GOVERNMENT PLEADER AND PUBLIC PROSECUTOR, ERNAKULAM. 3. SUB INSPECTOR OF POLICE, POLICE STATION, ALUVA. BY GOVERNMENT PLEADER, SRI.P.A.SALIM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/12/2010, HE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VK M.SASIDHARAN NAMBIAR,J. --------------------------------------------- W.P.C.NO.27641 OF 2010 --------------------------------------------- Dated 13th December, 2010 JUDGMENT Petition is filed under Articles 226 and 227 of Constitution of India for a direction to respondents 2 and 3 to do all positive steps to file a final report in Crime No.196/1995 of Aluva Police Station before Judicial First Class Magistrate's Court-I, Aluva contending that though the case was registered fifteen years back under Ext.P1 FIR, final report is not so far filed and Ext.P4 petition filed before the Magistrate was disposed by Ext.P5, closing the petition. 2. Circle Inspector of Police, filed a statement to the effect that the crime was registered for the offences under Sections 143, 147, 148, 341, 324 and 307 read with Section 149 of Indian Penal Code and on 4/3/1996 final Wpc 27641/10 2 report was submitted before the office of the Government Pleader for obtaining sanction to file the final report and file was thereafter missing and the case diary could not be traced out and it is in such circumstances, final report could not be filed. 2. Learned Government Pleader submitted that case diary has now been almost reconstructed and final report can be submitted within four months. Petition is disposed directing the Circle Inspector of Police, Aluva who is investigating crime No.196/1995 of Aluva Police Station to file the final report before the concerned Magistrate within four months from the date of receipt of a copy of this judgment, after conducting proper investigation. M.SASIDHARAN NAMBIAR, JUDGE. uj.