IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 29TH MARCH 2010 / 8TH CHAITHRA 1932 Crl.MC.No. 789 of 2010() ------------------------ CC.474/2001 of JUDL.MAGISTRATE OF FIRST CLASS COURT, PAYYANNUR .................... PETITIONER(S): DEFACTO COMPLAINANT: ---------------------------------------------------------------- THE KANNUR DISTRICT EX-SERVICEMEN, MULTIPURPOSE CO-OP. SOCIETY LTD., PAYANGADI, KANNUR DISTRICT, REPRESENRED BY ITS SECRETARY. BY ADVS. MR.M.SASINDRAN, MR.JOHNY THOMAS. RESPONDENT(S): COMPLAINANT/ACCUSED: ----------------------------------------------------------------- 1. STATE, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. P.P.MULLAKOYA, S/O.MUTHUKOYA THANGAL, EZHOME, ERIPURAM P.O., PAYANGADI, KANNUR DISTRICT. R1 BY PUBLIC PROSECUTOR MR. K.S. SIVAKUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 789 OF 2010 =========================== Dated this the 29th day of March,2010 ORDER The de facto complainant in C.C.474/2001 on the file of Judicial First Class Magistrate 's Court, Payyannur filed this petition under section 482 of the Code of Criminal Procedure to direct Judicial First Class Magistrate to pass orders on Annexure A4 and A5 petitions and also to number Annexure A10 petition and to set aside Annexure A7 order. 2. Learned counsel appearing for the petitioner and the learned Public Prosecutor were heard. 3. In view of the order in Crl.M.C.784/2010 directing Judicial First Class Magistrate, Payyannur to pass orders in the application filed by the Station House Officer to return the documents sought for to produce Crl.M.C.789/2010 2 them in C.C.554/2001 and connected cases, it is not necessary to pass separate order in this petition on Annexure A4 & A5 petitions. Similarly by Annexure A7 order learned Magistrate has considered the request of the prosecution for further investigation and dismissed the same. I find no reason to interfere with that order as the learned Magistrate has considered the relevant aspects. In view of the order directing Judicial First Class Magistrate to pass order in the application filed by the Station House Officer in the referred case, there is no necessity to give direction to number Annexure 10 petition as sought for. Petition is disposed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006