IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 14TH FEBRUARY 2011 / 25TH MAGHA 1932 WP(C).No. 34292 of 2010(J) -------------------------- CRL.MP NO.7944/2002 OF CHIEF JUDICIAL MAGISTRATE COURT, ERNAKULAM CRIME NO.211/1998 OF CENTRAL POLICESTATION, ERNAKULAM PETITIONER(S): --------------- G.M.KHATAI, S/O.HAJEE A.A., KHATAI, V.R.MENON ROAD, RAVIPURAM, KOCHI-16. BY ADV. SRI.V.JOHN SEBASTIAN RALPH SMT.PREETHY KARUNAKARAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY THE C.I. OF POLICE, CENTRAL POLICE STATION, ERNAKULAM, HIGH COURT P.O., 682031. 2. DEPARTMENT OF CRIME BRANCH, KOCHI UNIT, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, HIGH COURT P.O., 682031. BY PUBLIC PROSECUTOR SMT.M.K.PUSHPALATHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- W.P.(C.) No.34292 of 2010 -------------------------------------- Dated this the 14th day of February, 2011. JUDGMENT Petitioner is engaged in the business of precious stones and jewels. It is alleged that theft occurred in his shop for which the Police registered a case. According to the petitioner, he suffered loss of around Rs.26 lakhs. Police referred the matter as a false case. Petitioner moved a protest complaint and when the court below directed the Police to produce the CD file, they reported that the file is missing. Learned Chief Judicial Magistrate, Ernakulam ordered further investigation. But without conducting any further investigation Police again referred the case as false. Hence intervention of this Court is sought for a direction to handover the investigation to the Crime Branch. I have heard learned counsel for petitioner and the learned Public Prosecutor. I also called for a report from learned Chief Judicial Magistrate, Ernakulam. 2. In the report dated 10.02.2011 learned Chief Judicial Magistrate has informed that original of the final report dated 22.01.2009 is not seen in that office, search has already been ordered and in the meantime learned Chief Judicial Magistrate has obtained a copy of the final report dated 22.01.2009 from the Central Police Station, Ernakulam and issued notice to the complainant (petitioner). The matter now stands posted on 15.03.211 for return of notice. WP(C) No.34292/2010 2 In the light of that development petitioner can, on receipt of notice approach the learned Chief Judicial Magistrate and seek appropriate relief. Without prejudice to that right of petitioner, this petition is closed. THOMAS P.JOSEPH, Judge. cks