IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 16TH DECEMBER 2011 / 25TH AGRAHAYANA 1933 Crl.MC.No. 3347 of 2011() ---------------------------------- OS.58/2011 of MUNSIFF'S COURT AT CHERTHALA, CC.552/2011 of JUDL.MAGISTRATE OF FIRST CLASS-II, CHERTHALA .................... PETITIONER/ACCUSED NOS.2 TO 4 -------------------------------------------------- 1. DAISY, W/O.DAMIYAN, ELANTHARA HOUSE, WARD NO.1, AROOR, CHERTHALA. 2. DIAS DAMIYAN, S/O.DAMIYAN, ELANTHARA HOUSE, WARD NO.1, AROOR, CHERTHALA. 3. DEEDI DAMIYAN, S/O.DAMIYAN, ELANTHARA HOUSE, WARD NO.1, AROOR, CHERTHALA. BY ADVS. SRI.B.S.SWATHY KUMAR SMT.ANITHA RAVINDRAN SMT.M.G.AISHWARYA RESPONDENT(S): COMPLAINANT & STATE ---------------------------------- 1. ELIZABETH, ARUN NIVAS, AROOR P.O., AROOR VILLAGE, CHERTHALA - 688 534. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031. ADV. SRI.LIJU. M.P FOR R-1 R2 BY PUBLIC PROSECUTOR SRI. RAJESH VIJAYAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: dlk Crl.MC.No. 3347 of 2011() APPENDIX PETITIONER(S) EXHIBITS ANNEXURE-A TRUE COPY OF THE ORDER DATED 24-3-2011 IN WPC NO.8792/2011 ANNEXURE-B TRUE COPY OF THE ORDER DATED 19-4-2011 IN WPC NO.12457/2011 ANNEXURE-C TRUE COPY OF THE FINAL REPORT IN CRIME NO.640/10 OF AROOR POLICE STATION DATED 2-12-2001 ANNEXURE-D TRUE COPY OF THE C.M.P.NO.1914/2011 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-II, CHERTHALA DATED 8-3-2011. ANNEXURE-E TRUE COPY OF THE SUMMONS IN C.C.NO.552/2011 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-II, CHERTHALA 15.7.2011 ANNEXURE-F TRUE COPY OF THE PLAINT IN O.S.NO.58/2011 OF THE MUNSIFF COURT, CHERTHALA DATED 8-2-2011. RESPONDENTS' EXHIBITS : NIL //TRUE COPY// P.A. TO JUDGE. dlk N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.3347 of 2011 ----------------------------------- Dated this the 16th day of December 2011 O R D E R It is submitted by the learned counsel for the petitioners that no detailed order was passed by the learned Magistrate to assess the acceptability of the sworn statements given by the complainant and the witnesses if any, to verify whether the refer report filed by the police is acceptable or not. If in such cases the Magistrate proceeds to issue process under Sec.204, the learned Magistrate is bound to consider the facts discernible from the final/refer report filed by the police and if the learned Magistrate decides to take cognizance of the case then the reason why the learned Magistrate differs from the finding entered by the investigating officer or as to which are the new factors produced before the court are to be stated. A brief order showing the application of mind should be there. Since Crl.M.C. No.3347 of 2011 -: 2 :- there is nothing on record to show that the learned Magistrate has considered all these aspects, the cognizance already taken in C.C.No.552/2011 is quashed. The learned Magistrate will reconsider the issue as has been referred to above and will take a fresh decision. Warrant if any pending shall be recalled immediately. This Crl.M.C. is disposed of accordingly. N.K.BALAKRISHNAN, JUDGE. Jvt