IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 18TH JUNE 2010 / 28TH JYAISTHA 1932 Crl.MC.No. 1917 of 2010() ------------------------- CMP.1575/2010 of JUDL.MAGISTRATE OF FIRST CLASS, KOLENCHERRY .................... PETITIONER(S): --------------- MATHEW,S/O.MATHAI, AGED 65 YEARS, KOTTANADU HOUSE, WEST MORAKKALA, KUMARAPURAM. BY ADV. SRI.PAUL K.VARGHESE RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY (LAW AND ORDER), GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS,THIRUVANANTHAPURAM. 3. THE SUPERINTENDENT OF POLICE, ALUVA, 4. THE DEPUTY SUPERINTENDENT OF POLICE, PERUMBAVOOR. 5. THE SUB INSPECTOR OF POLICE, KUNNATHUNADU POLICE STATION. 6. KUJATHAN,S/O.THEVAN, AGED 60 YEARS, PERUNTHIKKARA HOUSE, WEST MORAKKALA, KUMARAPURAM. 7. VASU,AGED 28 YEARS,S/O.KUNJATHAN, PERUNTHIKKARA HOUSE, WEST MORAKKALA,KUMARAPURAM. Crl.MC.No. 1917 of 2010 :2: 8. PREETHI @ PREETHA, W/O.VASU, AGED 24 YEARS, PERUNTHIKKARA HOUSE, WEST MORAKKALA, KUMARAPURAM. ADV. SRI.K.S.ARUN KUMAR FOR R6-8 PUBLIC PROSECUTOR MR.C.S.HRITHIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: dmb V.RAMKUMAR, J. ------------------------------------- Crl.M.C. No.1917 of 2010 -------------------------------------- Dated this the 18th day of June, 2010 ORDER Petitioner and his wife are the injured complainants in Annexure II private complaint filed before the J.F.C.M Court, Kolencherry and which on reference to the Kunnathunad police, resulted in the registration of Crime No.170/2010 for offences punishable under Sections 323, 324, 326, 354, 294B, 506 (ii), 427 and 120B IPC. Accused in the above crime are respondents 6 to 8. The 6th respondent had filed Annexure III private complaint three months after Annexure II and the J.F.C.M Court, Kolencherry forwarded the said complaint also to the Kunnathunad police, who registered the case as Crime No.330/2010 against the petitioner and his wife and the said case is pending investigation. 2. Crime No.170/2010 after investigation has culminated in a refer report filed before the J.F.C.M Court, Kolencherry. Going by the report of the learned Magistrate, a notice has been issued to the de facto complainant and the case stands posted to 19.6.2010. The remedy of the petitioner and his wife in crime No.170/2010 is to move the Magistrate Crl.M.C. No.1917 of 2010 : 2 : for proper reliefs such as a request not to accept the refer report or a protest complaint. 3. With regard to the Crime No.330/2010 the same is pending investigation. If the police, after conclusion of investigation files a final report charge sheeting the petitioner or his wife, they can challenge the final report before the appropriate court if grounds to do so exist. The police shall not harass the petitioner and his wife during the investigation of Crime No.330/2010. This Criminal M.C is disposed of as above. V.RAMKUMAR, JUDGE dmb