IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 29TH MAY 2008 / 8TH JYAISHTA 1930 WP(C).No. 9512 of 2008(G) ------------------------- AGAINST THE ORDER IN CC.NO.29/2006 IN CMP.5449/2007 of J.M.F.C., KATTAPPANA .................... PETITIONER: ------------- RENJITH @ UNNI, S/O.GEORGE, VATTAMALAYIL HOUSE, MATTUKATTU KARA, AYYAPPANKOVIL VILLAGE, UDUMBANCHOLA TALUK. BY ADV. SRI.K.S.HARIHARAPUTHRAN SRI.GEORGE MATHEW RESPONDENTS: ----------------- 1. STATE OF KERALA, REP. S.I. OF POLICE BY UPPUTHARA POLICE STATION THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. PRESTIGE, S/O.THOMAS, MANGALAMKUNNEL VEETTIL, KOZHIMALA KARAYIL, AYYAPPANKOVIL VILLAGE, UDUMBANCHOLA TALUK. 3. BENOY, S/O.MATHEW, THOONKUZHIYIL HOUSE, KOZHIMALA KARAYIL, AYYAPPANKOVIL VILLAGE, UDUMBANCHOLA TALUK. 4. JOSEPH @ RAJU, S/O.KUTTAPPAN, THURAVATHUKKAL, KURISHINMALA ALADI KARAYIL, IDUKKI DISTRICT. R1 BY GOVERNMENT PLEADER, SRI. JIKKU JACOB. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC : 9512 OF 2008 APPENDIX PETITIONER'S EXHIBIT: EXT.P1 : TRUE COPY OF CRL.M.P. No. 5449 of 2007. /TRUE COPY/ PA TO JUDGE R. BASANT, J. ----------------------------------------------- W.P.(C). No. 9512 OF 2008 ----------------------------------------------- Dated this the 29th day of May, 2008 JUDGMENT Crime Nos. 173 and 174 of 2005 of Upputhara police station are in the nature of a case and counter case. Final report has already been filed in Crime No.173/2005 and cognizance has been taken by the learned Magistrate. The said proceedings are pending as CC No.29/2006. In Crime No.174/2005, the final report has not been filed so far. Though the learned Magistrate has been informed by the Investigating Officer that he intends to submit a refer report through the Deputy Superintendent of Police, The final report has not been received by the learned Magistrate, this is revealed from the report of the learned Magistrate. 2. The grievance of the petitioner, who is the defacto complainant in Crime No.174/2005 and the accused in Crime No.173/2005, is that the learned Magistrate is proceeding with CC No.29/2006 before the final report is received in Crime No.174/2005. According to the petitioner, the said crime cannot be referred by the police and if they pray to refer the same, W.P.(C). No. 9512 OF 2008 2 petitioner wants to raise objections against such refer report. If such objections are not accepted, petitioner would like to file a private complaint to prosecute the alleged offenders in that crime. According to the petitioner, he has already filed CMP No. 5449/2007, which is a private complaint, aggrieved by the apprehended reference of Crime No.174/2005. 3. I am satisfied in these circumstances that the learned Judicial First Class Magistrate, Kattappana can be directed not to proceed with CC No.29/2006 now and to wait for the final report in Crime No.174/2005 and the final orders thereon before proceeding further with CC No.29/2006. 4. This Writ Petition is allowed in part to the above extent. R. BASANT, JUDGE ttb W.P.(C). No. 9512 OF 2008 3 W.P.(C). No. 9512 OF 2008 4