IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 5TH APRIL 2011 / 15TH CHAITHRA 1933 Crl.MC.No. 1127 of 2011 ---------------------------------- [CRIME NO.917/2007 OF TRAFFIC POLICE STATION, KOLLAM] ............... PETITIONER/DEFACTO COMPLAINANT: --------------------------------------------------------- RADHAKRISHNA PILLAI @ RADHAKRISHNAN, AGED 45 YEARS, S/O. JANARDHANAN PILLAI, VADAKKEPLAVILA @ PLAVILA HOUSE, IDAPANAYAM, NEDUMPANAKKAL CHERRY, NEDUMPANA.P.O., KOLLAM DISTRICT. BY ADV. SRI.M.L.SURESH KUMAR. RESPONDENT/STATE: -------------------------------- 1. THE SUPERINTENDENT OF POLICE, KOLLAM DISTRICT, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. THE SUB-INSPECTOR OF POLICE, TRAFFIC POLICE STATION, KOLLAM. REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. R1 & R2 BY PUBLIC PROSECUTOR SRI. K.J. MOHAMED ANZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.1127 of 2011 ==================================== Dated this the 05th day of April, 2011 O R D E R Petitioner is the de facto complainant in Crime No.917 of 2007 of the Traffic Police Station, Kollam (FIR is filed in the court of learned Judicial First Class Magistrate-I, Kollam). That case was registered on 25.12.2007 under Sections 279, 337 and 338 of the Indian Penal Code on the allegation that the driver of bus No.KL-2/U-9594 drove that vehicle in a rash and negligent manner and caused hurt/grievous hurt. Since no final report was filed in the case petitioner filed C.M.P. No.1630 of 2010 before learned Magistrate. In answer to that petition the police filed a statement on 15.03.2010 in the said court that a UN report has been filed on 15.07.2008. On that submission C.M.P. No.1630 of 2010 was closed. Petitioner got information under the Right to Information Act (Annexure-D dated 10.12.2010) that no such UN report was filed in Crime No.917 of 2007. Hence this petition for a direction to the Investigating Officer either to submit final report or UN report in the case. I have heard learned Public Prosecutor also. 2. Originally it was the learned Magistrate who had CRL.M.C. No.1127 of 2011 -: 2 :- considered C.M.P. No.1630 of 2010. Petitioner can move the learned Magistrate for appropriate direction/relief in the light of Annexure-D information that no such UN report has been filed in the case. Resultantly, Criminal Miscellaneous Case is s disposed of permitting petitioner to move appropriate petition before the learned Magistrate. THOMAS P. JOSEPH, JUDGE. vsv