IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 2ND FEBRUARY 2009 / 13TH MAGHA 1930 Crl.MC.No. 4030 of 2008() ------------------------- CC.499/2006 of JUDL.MAGISTRATE OF FIRST CLASS-II, ALUVA .................... PETITIONER(S): --------------- M.SEDHURAMAN PANDIAN, S/O.MADASAMY THEVAR, AGED 75, 44A, WEST CAR STREET, THIRUNELVELI - 627 001. BY ADV. SRI.P.MARTIN JOSE SRI.S.VAIDYANATHAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. K.K.PARAMESWARAN, S/O.KESAVAN, AGED 62, RESIDING AT ARUN VIHAR, KALLERITHARA, B.T.S.ROAD, EDAPPALLY, ERNAKULAM DISTRICT. R1 BY PUBLIC PROSECUTOR SRI. GIKKU JACOB ADV. DR.K.P.SATHEESAN FOR R2 SRI.K.K.GOPINATHAN NAIR FOR R2 SRI.M.R.JAYAPRASAD FOR R2 SRI.P.MOHANDAS (ERNAKULAM) FOR R2 THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 02/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 4030 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of February, 2009 O R D E R The grievance raised is about the interpretation of the order dt.17.9.2008 in Crl.M.C.3283 of 2008. The order taking cognizance of a private complaint was set aside and the learned Magistrate was directed to consider the complaint afresh in accordance with law and take appropriate decision under Section 202/203/204 Cr.P.C. The complainant was directed to appear before the learned Magistrate on 17.10.2008 to continue the proceedings. The learned Magistrate, on receipt of the order, had referred the complaint to the police under Section 156(3) Cr.P.C. The petitioner has the grievance that order of this court was not specifically complied with and the learned Magistrate should not have referred the matter to the police under section 156(3) Cr.P.C., the learned Magistrate having already taken cognizance once, which order of cognizance was set aside. 2. The respondent has entered appearance through counsel. The learned counsel for the respondent submits that the Crl.M.C.No. 4030 of 2008 2 respondent has absolutely no objection in the learned Magistrate being directed to consider the matter afresh under Section 202/203/204 Cr.P.C 3. The report of the learned Magistrate was called for. The learned Magistrate submits that the reference under Section 156(3) Cr.P.C. was made without specifically appreciating and understanding the impugned direction as a direction to proceed further under Section 200/202 Cr.P.C. I am satisfied that the learned Magistrate can be directed to strictly comply with the direction in paragraph 4(iii) of the order dt. 17.9.2008 in Crl.M.C.3283 of 2008. 4. This Crl.M.C. is accordingly allowed. The impugned order of reference u/s. 1563) Cr.P.C. is set aside. The learned Magistrate shall recall the complaint referred to the police under Section 156(3) Cr.P.C. and proceed to consider the same under Section 200/202 Cr.P.C. and pass appropriate orders under Section 203/204 Cr.P.C. (R. BASANT) Judge tm