IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 3RD FEBRUARY 2010 / 14TH MAGHA 1931 Crl.MC.No. 359 of 2010() --------------------------------- CC.642/2008 of JUDL.MAGISTRATE OF FIRST CLASS COURT, PERUMBAVOOR. CRIME NO.354/2008 OF KALADY POLICE STATION. .................... PETITIONER/ACCUSED ---------------------------------- AJI. T.T, AGED 30 YEARS, S/O.THANKAPPAN, THOMBRAKKUDY HOUSE, MALAYATTOOR KARA, MALAYATTOOR VILLAGE, ALUVA TALUK. BY ADV. MR.K.SUNILKUMAR RESPONDENT/COMPLAINANT ------------------------------------------- THE STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, KALADY POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. BY PUBLIC PROSECUTOR MR.P.A. SALIM. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/02/2010,ALONG WITH CRMC NO.364/2010, CRMC NO.366/2010 AND CRMC NO.373/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. P.BHAVADASAN, J. --------------------------- Crl.M.C Nos. 359, 364, 366 and 373 OF 2010 ----------------------------------------------------------- Dated this the 3rd day of February 2010 ----------------------------------------------------- ORDER Since identical questions arise for consideration in all these petitions they are being disposed by a common order. 2. It is unnecessary to go into the details of these cases for the simple reason that these petitions can be disposed on a short term. As per the decision of this court in “Moosa Koya v State of Kerala”, reported in (2008(1) KLT 538), in cases covered by these petitions cognizance can be taken only on a complaint filed before the court. In all these cases cognizance has been taken by the police and report filed under Section 173(2) CR.P.C which is impermissible and illegal. All these proceedings are only to be quashed and I do so, reserving the right of the State to proceed in accordance with law. Sd/- P.BHAVADASAN, JUDGE //TRUE COPY// P.A TO JUDGE vdv