IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN TUESDAY, THE 2ND FEBRUARY 2010 / 13TH MAGHA 1931 Crl.MC.No. 240 of 2010() ------------------------ CC.307/2007 of JUDL.MAGISTRATE OF FIRST CLASS COURT, ADOOR CRIME NO.148 OF 2007 OF PANDALAM POLICE STATION .................... PETITIONER(S): ACCUSED ---------------------- 1. PRASAD, S/O.BHASKARAN, 'CHIRAKKOTTU HOUSE', ULANADU MURI, KULANADA VILLAGE, PATHANAMTHITTA DISTRICT. 2. MURALEEDHARAN NAIR, S/O.GOPALAPILLA, 'CHERUTHURUTHIL HOUSE', NADUVILA MURI, THUMBAMAN, PANDALAM THEKKE KARA VILLAGE, PATHANAMTHITTA DISTRICT. BY ADV. SRI.SAKIR.K.H. RESPONDENT(S): COMPLAINANT -------------------------- THE STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLCIE, PANDALAM POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. PUBLIC PROSECUTOR MR.S U NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02/02/2010, ALONG WITH CRMC NOS. 243/10, 250/10 & 251/10 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.BHAVADASAN, J. --------------------------------------------------------- Cr. MC Nos.240, 243, 250 & 251 of 2010 ---------------------------------------------------------- Dated 2nd February 2010 Order These petitions are filed under S.482 of the Code of Criminal Procedure, seeking to have various proceedings pending before various Courts, quashed. 2. It is unnecessary to go into the details of the cases for the simple reason that the petitions can be disposed of on a short ground. In the decision of this Court in Moosakoya v. State of Kerala (2008(1) KLT 538), it has been held that cognizance cannot be taken on the basis of the final report filed by a Police Officer and that cognizance can be taken only based on a complaint. In all these cases, cognizance has been taken based on Police reports, which is illegal and not in accordance with law. Therefore, these petitions are allowed. All the proceedings involved in these petitions are quashed and all further proceedings shall stand dropped, reserving the liberty of the State to take such steps as are available to them in accordance with law. P.BHAVADASAN, JUDGE sta CR MC NOS.240,243,250 & 251/10 2 CR MC NOS.240,243,250 & 251/10 3