IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 21ST MAY 2008 / 31ST VAISAKHA 1930 WP(C).No. 6517 of 2008(A) ------------------------- PETITIONER: ------------ K.N.VIJAYAKUMAR, KALAPPURACKAL HOUSE, ARIYOOR P.O., MANNARKKAD, PALAKKAD. BY ADV. SMT.SANDHYA RAJU SMT.RASHMI RAMESH SMT.P.A.JAIMOLE SMT.SABNA BABU SMT.JASHITHA VIJAYAN RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. DIG, PALAKKADU RANGE, PALAKKAD DT. 3. SUPERINTENDENT OF POLICE, PALAKKAD. 4. SUB INSPECTOR OF POLICE, PALAKKADU POLICE STATION. 5. P.K.THILAKAN, 46 YEARS. PULINKUZHI VEEDU, AVANASSERRY, OLLURE, THRISSUR. BY GOVERNMENT PLEADER SRI.K.C.SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT, J ------------------------------------ W.P(C).No.6517 of 2008 ------------------------------------- Dated this the 27th day of March, 2008 JUDGMENT The short grievance of the petitioner in the Writ Petition was only that no proper action has been taken on the basis of the final report filed in Crime No.438 of 2002 of Palakkad Town South Police Station. Report of the learned Magistrate was called for. From the report submitted by the learned Magistrate, it is now evident that the defects in the final report have been cured and cognizance has been taken on the basis of such final report. The case now stands registered as C.C.49 of 2008 under Section 420 I.P.C. Active steps are afoot to apprehend the accused and to proceed with the matter, the learned Magistrate has reported. 2. The learned counsel for the petitioner submits and I am satisfied that in the light of the facts and circumstances referred above, no further directions are necessary in this Writ Petition. 3. This Writ Petition is accordingly dismissed. (R.BASANT, JUDGE) rtr/- 2 R.BASANT, J ------------------------------------ W.P(C).No.6517 of 2008 ------------------------------------- 3 Dated this the 27th day of March, 2008 ORDER The report of the learned Magistrate shows that final report has already been submitted in Crime 438 of 2002 and that the same was returned for curing defects. The learned Magistrate has undertaken that the needful shall be done immediately after the final report is re-presented. The learned Government Pleader undertakes that the returned final report shall be re-presented forthwith after curing the defects. 2. Call this petition again on 21.05.08. The learned Chief Judicial Magistrate shall by then report the action taken in Crime 438 of 2002. I need only mention that I expect the learned C.J.M to take immediate action to proceed further in Crime 438 of 2002. (R.BASANT, JUDGE) rtr/- 4 R.BASANT, J ------------------------------------ W.P(C).No.6517 of 2008 ------------------------------------- Dated this the 26th day of February, 2008 ORDER If one were to search for the needle of grievance in the hay 5 stack of pleadings and submissions in this case, it is that the case registered on the basis of Crime 438 of 2002 of Palakkad Town South Police Station has not been disposed of. 2. Call for a report from the learned C.J.M as to whether a case registered on the basis of the final report in that case is still pending. What is the stage of the said proceedings ? If the same has not been disposed of why is it not disposed of and what time will be taken to dispose of the case. Report must reach this Court by 17.03.08. 3. Call on 18.03.08. (R.BASANT, JUDGE) rtr/-