IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 12TH AUGUST 2010 / 21ST SRAVANA 1932 WP(C).No. 24116 of 2010(Q) --------------------------------------- (C.M.P.NO.665/2010 OF JUDICIAL I CLASS MAGISTRATE-I, ALUVA) .................... PETITIONER: ------------------- V.C.VELAYUDHAN NAIR, S/O.GOVINDAN NAIR, MANAGING DIRECTOR, MANNAM CENTENARY TEXTILES LIMITED, O.P.7/447, PANTHIRANKAVU P.O., KOZHIKODE-673 019, RESIDING AT VALAVEETTIL CHIRUNDOTH HOUSE, P.O.PANTHEERANKAVU, KODAL AMSOM AND DESOM, KOZHIKODE-19. BY ADVS. SRI.PHILIP T.VARGHESE, SRI.THOMAS T.VARGHESE, SMT.SUBHA ABRAHAM, SMT.N.ASWATHY, SMT.AFSANA ASHRAF, SMT.DIVYA KRISHNAN. RESPONDENTS: ------------------------ 1. MADHAVANKUTTY NAIR PURANGAL, S/O.NARAYANAN NAIR PURANGAL, 12/61, EDAKKOTH, OLAVANNA, KOZHIKODE-673 025. 2. GOPINATH KANNAN NAIR, S/O.KANNAN NAIR, 11/11, AISWARYA, OLAVANNA, KOZHIKODE-673 019. 3. C.PRABHAKARAN NAIR, KOUSTUBHAM, P.O.PANTHEERANKAVU, KODAL, NADAKKAVU, KOZHIKODE-673 019. 4. SWAMINATHAN NAIR, PEROOLI, 11/388, ABHILASH, OLAVANNA, KOZHIKODE-673 019. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/08/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. V.RAMKUMAR, J. ------------------------------------------ W.P.(C)No.24116 of 2010 ------------------------------------------- Dated this the 12th day of August, 2010 JUDGMENT The grievance of the petitioner who is the complainant in M.P.No.665/2010 on the file of the Judicial Magistrate of the First Class-I, Aluva is that no orders have been passed on Ext.P1 private complaint filed as M.P.No.665/2010. 2. This Court called for a report of the Magistrate. The Magistrate has in his letter dated 11/8/2010 stated inter alia as follows:- Since the complaint submitted by the petitioner before the Cyber Cell attached to the office of the Commissioner of Police, Ernakulam was forwarded to the Sub Inspector of Police, Thrikkakara where the complaint was not taken on file nor any crime registered, the learned Magistrate decided to take cognisance of the offence and posted the case to 19/6/2010. On that day due to other heavy work the Magistrate was unable to take up the case. The case was accordingly posted to 3/7/2010 and subsequently to 24/7/2010. On both the above occasions the petitioner/complainant was absent. The case now stands posted to 18/9/2010 for W.P.(C)No.24116/2010 : 2 : recording the sworn statement of the petitioner and for taking cognisance of the offence. So, it cannot be said that no orders were passed on Ext.P1 complaint. The petitioner may appear before the Magistrate on 18/9/2010 so as to enable the Magistrate to proceed further with the complaint. This petition is accordingly disposed of. V.RAMKUMAR, JUDGE skj