IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 22ND SEPTEMBER 2010 / 31ST BHADRA 1932 WP(C).No. 18280 of 2010(Q) ---------------------------------------- FIR NO.1747/2009 OF MUVATTUPUZHA POLICE STATION. ................... PETITIONER(S): ----------------------- M.N. PARTHASARATHI, AGED 64, S/O. M.K. NEELAKANDAN, MOOTHEDATH HOUSE, Y M C A ROAD, MARADI VILLAGE, MOOVATTUPUZHA. BY ADV. SRI.LELLULAL T.G.THUNDATHIL, SRI.K.A. SUBASH, SRI.E.I. ABRAHAM. RESPONDENT(S): -------------------------- 1. THE SUB INSPECTOR OF POLICE, MOOVATTUPUZHA POLICE STATION, MOOVATTUPUZHA. 2. THE S.P., ERNAKULAM (RURAL), ALUVA. 3. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 TO R3 BY GOVT. PLEADER SMT.M.K. PUSHPALATHA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/09/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. M.Sasidharan Nambiar, J. -------------------------- W.P.(C)No.18280 of 2010 Q -------------------------- JUDGMENT This petition is filed under Article 226 of Constitution of India for a writ of mandamus directing respondents 2 or 3 to entrust further investigation of Crime No.1747/2009 of Muvattupuzha Police Station to the Crime Branch contending that the case is not being properly investigated. 2. A report was called for from Judicial First Class Magistrate, Muvattupuzha as to whether final report has been submitted and if so, the stage of the proceedings. Judicial First Class Magistrate, as per report dated 30.6.2010, informed that a final report was submitted on 17.6.2010 to the effect that the dispute is of civil nature and notice was issued to the complainant to appear before the court on 7.8.2010, if he has any dispute on the findings arrived at by the police in the final report. WPC 18280/10 2 3. Learned counsel appearing for the petitioner was heard. 4. Learned counsel appearing for the petitioner submitted that petitioner was not supplied with a copy of the final report. 5. When a refer report is filed by the police after investigation, before accepting the same, notice has to be issued to the defacto complainant stating that refer report has been received. Report of the learned Magistrate shows that a notice was sent directing the petitioner to appear and raise objection, if any, on 7.8.2010. Once a notice is received, the remedy of the petitioner is to appear and object to the acceptance of the final report by filing an objection or file a protest complaint. Granting liberty to the petitioner to appear before the Magistrate, this petition is disposed. 22nd September, 2010 (M.Sasidharan Nambiar, Judge) tkv