IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 19TH JANUARY 2009 / 29TH POUSHA 1930 Crl.MC.No. 4677 of 2008() ------------------------- CRIME NO.347/2008 OF PATTANAKKAD POLICE STATION, ALAPPUZHA DISTRICT PETITIONER(S): ACCUSED ---------------------- T.P.S.MENON @ SWATHANDRAN MENON, AGED 65 YEARS,S/O.P.KRISHNAN NAIR, MANAGING DIRECTOR, USHMATECH TEXTILE ENGINEERS PVT.LTD, P.O.PATTANAKKAD, SHERTALLAI, ALAPPUZHA DISTRICT. BY ADV. SRI.C.C.THOMAS (SR.) SRI.NIREESH MATHEW SRI.M.G.KARTHIKEYAN RESPONDENT(S): COMPLAINANT -------------------------- 1. STATE OF KERALA REP.BY SUB INSPECTOR OF POLICE, PATTANAKKAD POLICE STATION, ALAPPUZHA DISTRICT, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE MANAGING DIRECTOR, KERALA FINANCIAL CORPORATION LTD, THIRUVANANTHAPURAM. 3. THE BRANCH MANAGER, KERALA FINANCIAL CORPORATION LTD, ALAPPUZHA. ADV. SRI.S.SREEKUMAR,SC,KERALA FINANCIAL COR FOR R2 & 3 PUBLIC PROSECUTOR SRI.P.A.SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.4677 of 2008 ---------------------------------------- Dated this the 19th day of January 2009 O R D E R The learned Public Prosecutor, after taking instructions from the investigating officer, submits that in crime No.347/08 of Pattanakkad police station in respect of which relief is claimed in this Crl.M.C, investigation is already complete and final report has already been filed. In the final report, no allegations are raised against the petitioners. It is reported to the learned Magistrate that the dispute is of civil nature. The learned counsel for the petitioner submits that submission of the learned Public Prosecutor may be accepted and in the light of that submission, no further directions are necessary in this Crl.M.C. Learned counsel for respondents 2 and 3 submits that no notice of such a reference has been served on respondents 2 and 3 and they reserve their right to challenge any such final report, if filed by the investigating officer . 2. This Crl.M.C is in these circumstances dismissed. I make it clear that the dismissal of this Crl.M.C will not in any way fetter the rights of respondents 2 and 3 to raise objections Crl.M.C.No.4677/08 2 against the final report which is proposed to be filed by the investigating officer before the learned Magistrate in accordance with law. (R.BASANT, JUDGE) jsr Crl.M.C.No.4677/08 3 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008