IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 13TH FEBRUARY 2009 / 24TH MAGHA 1930 Crl.Rev.Pet.No. 443 of 2009() ----------------------------- ORDER DATED 16.01.09 IN I.P.NO.86/2009 ON THE FILE OF THE J.F.C.M-1, KOCHI REVN. PETITIONER(S): ----------------------------------- K.C.MATHEW, S/O.CHERIAN PERUMALIL VEEDU, CC.IX/247, FORTKOCHI VILLAGE. BY ADV. SRI.C.P.PEETHAMBARAN RESPONDENT(S): --------------- 1. K.R.SUNNY, S/O.RAPHEL, KIZHAKE VEETIL HOUSE, CC.34/652, C/O.THAYITHARA HOUSE, EDAPPALLY PO., PADIVATTOM, KOCHI-24. 2. KR.SAJIKUMAR, S/O.K.N.RAMAN ACHARI THENIPLAKKAL VEEDU, ELAMPALLI PO., ANIKKADI, KOTTAYAM. 3. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.JAYAKRISHNAN THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 13/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.R.P.No.443 of 2009 = = = = = = = = = = = = = = Dated this the 13 th day of February, 2009 ORDER Petitioner, who is the de facto complainant in Crime No.124 of 2008 of Fort Kochi Police Station for offences punishable under Sections 406, 420,465,467 read with Section 34 IPC, challenges the order dated 16.1.09 passed by the J.F.C.M-I, Kochi dismissing the petition filed by the petitioner requesting the learned Magistrate to accept the refer report filed by the Police and also for further investigation by the Assistant Commissioner of Police. 2. According to the petitioner, the learned Magistrate has accepted certain unwarranted observations made by the investigating officer in the refer report and the same was uncalled for. The impugned order in essence is one accepting the refer report filed by the investigating officer and dropping further proceedings in the matter in M.P.No.680/2008. This will not preclude the revision petition from filing a protest complaint . Hence, without prejudice to Crl.R.P.No.443 of 2009 2 the right of the petitioner to file a protest complaint, this revision is dismissed. It is made clear that as and when the petitioner files a protest complaint it shall be considered and disposed of independently in accordance with law, untrammeled by the observations in the impugned order dated 16.1.09. Dated this the 13 th day of February, 2009. V. RAMKUMAR, JUDGE sj