IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 11TH OCTOBER 2011 / 19TH ASWINA 1933 WP(C).No. 21130 of 2011(M) ----------------------------------------- PETITIONER(S): ----------------------- M.K. SANJEEV, S/O. KESAVAN, MULLAKKAL HOUSE, KALLOORE, THRISSUR. BY ADV. SRI.J.OM PRAKASH RESPONDENT(S): -------------------------- 1. THE DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM-695 001. 2. THE SUPERINTENDENT OF POLICE, ERNAKULAM RURAL, ALWAYE P.O., 683 101. 3. THE SUPERINTENDENT OF POLICE, CRIME BRANCH, PANAMPALLY NAGAR, ERNAKULAM-680 036. 4. THE SUB INSPECTOR OF POLICE, NORTH PARAVOOR POLICE STATION, NORTH PARAVOOR P.O., ERNAKULAM-683 513. R1 TO R4 BY GOVT. PLEADER MR.B. JAYASURYA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/10/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 21130 of 2011(M) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE KARAR DATED 03/01/2005. EXT.P2: COPY OF THE COMMISSION REPORT FILED IN O.S. NO.457/2005 OF THE MUNSIFF'S COURT, PARAVOOR BY ADVOCATE P.M. ANTONY DATED 25/08/2005. EXT.P3: COPY OF THE CRL.M.P. NO.1008/2009 OF THE J.F.C.M. NORTH PARAVOOR DATED 27/02/2009. EXT.P4: COPY OF THE F.I.R. IN CRIME NO.342/2009 FILED BY THE 4TH RESPONDENT BEFORE THE J.F.C.M. NORTH PARAVOOR DATED 05/03/2009. EXT.P5: COPY OF THE CRL.M.P. NO.1775/2009 FILED BY THE PETITIONER BEFORE THE J.F.C.M., NORTH PARAVOOR. EXT.P6: COPY OF THE REPORT DATED 04/06/2009 OF THE 4TH RESPONDENT FILED BEFORE THE J.F.C.M., NORTH PARAVOOR. EXT.P7: COPY OF THE REPRESENTATION OF THE PETITIONER DATED 23/07/2009. EXT.P8: COPY OF THE A.D. CARD OF THE FIRST RESPONDENT DATED 04/08/2009. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.A. TO JUDGE rs N.K. BALAKRISHNAN,J. ------------------------------------ W.P.C. No. 21130 of 2011 ------------------------------------------ Dated this the 11th day of October, 2011. JUDGMENT Petitioner is the de facto complainant. It is alleged that on 02/08/2005, the accused forcibly evicted the wife and mother of the petitioner after committing criminal tress-pass into the house with deadly weapons. It was also alleged that some house hold articles were damaged and some articles were taken away from that house. It is stated that he was in jail at the relevant time in connection with the case filed against him. After he was released from the jail he filed a complaint. The complaint was stated to have been filed before the second respondent. No action was stated to have been taken against the accused. Thereafter a complaint was filed before the Magistrate as Criminal M.P. No.1008/2009 on 27/02/2009. Based on that, a crime was registered by the police. It was stated that after conducting investigation a refer report was filed by the police. Then a detailed report was called for by the learned W.P.C. No. 21130 of 2011 2 Magistrate. It is stated that the final report was filed by the police on 18/05/2009 referring the case as 'false'. The crime was registered alleging offences under Sections 120-B, 420, 403, 406, 379, 380, 506(2) and 447 IPC r/w 34 IPC. Since the police has already filed the final report referring the case as false, the petitioner who is the complainant has to approach the learned Magistrate if he aggrieved by the 'refer report'. It is open to the petitioners to file a protest complaint before the learned Magistrate in which case the learned Magistrate will proceed to dispose of the complaint in accordance with law. This petition is disposed as accordingly. N.K. BALAKRISHNAN, JUDGE smvd