IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 15TH JUNE 2011 / 25TH JYAISHTA 1933 WP(C).No. 10233 of 2011(D) ---------------------------------- PETITIONER(S): ------------------- ROHINI, D/O.KUNJUKUNJU, MELAYATTATHATHIL VEETIL, CHERUMUGHA WARD, IRANIKUDI.P.O., NOORANADU, MAVELIKKARA TALUK, ALAPPUZHA DISTRICT. BY ADVS. SRI.VINOY VARGHESE KALLUMOOTTILL SMT.P.SHYAMA RESPONDENT(S): -------------------- 1. DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM - 695 001. 2. SUPERINTENDENT OF POLICE, ALAPPUZHA - 688 001. 3. DEPUTY SUPERINTENDENT OF POLICE, CHENGANNUR, ALAPPUZHA DISTRICT - 689 121. 4. SUB INSPECTOR OF POLICE, NOORANADU POLICE STATION, ALAPPUZHA DISTRICT - 690 504. BY PUBLIC PROSECUTOR SRI.JAYASURYA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 10233/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE COMPLAINT IN C.M.P. NO.424/2010 FILED BEFORE JUDICIAL FIRST CLASS MAGISTRATE COURT. MAVELIKKARA. P2: COPY OF THE INFORMATION FURNISHED BY OFFICE OF 2ND RESPONDENT DATED 14/06/2010. P3: COPY OF THE PETITION SUBMITTED BEFORE THE 4TH RESPONDENT. RESPONDENT'S EXHIBITS: /TRUE COPY/ P.A. TO JUDGE. svs THOMAS P JOSEPH, J. ---------------------------------------- W.P(C).No.10233 of 2011 --------------------------------------- Dated this 15th day of June, 2011 JUDGMENT This petition is filed by the de facto complainant in Crime No.81 of 2010 of Nooranadu Police Station for offences punishable under Secs.141, 142, 324, 452, 294(b) and 506(ii) r/w Sec.149 of the Indian Penal Code and 3(x) of the SC/ST (PA) Act. According to the petitioner, investigation is not proceeding in the proper line and hence this petition to hand over investigation to a superior officer. Learned Public Prosecutor submitted that investigation is already completed and final report has been filed referring the case as mistake of fact. 2. I called for information from learned Judicial First Class Magistrate-II, Mavelikkara through the Registrar (Judicial) whether any such final report has been filed and if so, notice on that report has been given to the petitioner. Learned Magistrate has informed that refer report was filed on 25.05.2011 and on 26.05.2011 petitioner filed application before learned Magistrate to monitor the investigation. But on noting that refer report has already been filed the matter was posted on 03.06.2011 and now the matter stands posted on 17.06.2011 for objection (obviously of petitioner/de facto complainant to the refer report). W.P(C).No.10233 of 2011 -: 2 :- 3. Since the refer report has already been filed which has been taken note of by the petitioner and the matter is posted on 17.06.2011 for her objection, it is open to the petitioner to pursue the remedies available to her before the learned Magistrate as provided under law. Without prejudice to that right of petitioner, this writ petition is closed. (THOMAS P JOSEPH, JUDGE) Sbna/-