IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 14TH SEPTEMBER 2009 / 23RD BHADRA 1931 Crl.MC.No. 2978 of 2009() ----------------------------------- RC.26/2008 of CHIEF JUDICIAL MAGISTRATE COURT, KOLLAM CRIME NO.263/2007 OF KOLLAM WEST POLICE STATION. .................... PETITIONER/COMPLAINANT ---------------------------------------- ARUMUGHAN.K. MANJU KRISHNA NIVAS KAIKULANGARA, KOLLAM DIST. BY ADV. MR.C.RAJENDRAN RESPONDENTS/STATE & ACCUSED ---------------------------------------------------- 1. THE STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. RAVI, S/O. RAGHAVAN, RESIDING AT RADHAMANDIRAM, THEKKEVILA NADA, VELLIKULANGARA, ERAVIPURAM, KOLLAM DIST. R1 BY PUBLIC PROSECUTOR MR.S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO. 2978 OF 2009 ------------------------------------------ Dated 14th September 2009 O R D E R Petitioner is the complainant in C.M.P.9740/2007 on the file of Chief Judicial Magistrate, Kollam. In the complaint petitioner alleged that the second respondent committed an offence under Section 420 of Indian Penal Code. Learned Magistrate sent the complaint for investigation under Section 156(3) of Criminal Procedure Code. After investigation a refer report was filed. As is clear from Annexure-A2 order sheet in R.C.26/2008, on receipt of the refer report notice was served on the petitioner, de facto complainant. He appeared on 18/2/2009 and the case was posted for steps to 20/4/2009 to enable the petitioner to file objection or a protest complaint. On 20/4/2009 petitioner was present and he sought time for filing protest complaint. Case was posted to 17/6/2009 making it clear that no further time will be granted. On 17/6/2009 petitioner was absent and he did not CRMC 2978/09 2 file any protest complaint and there was not even a representation on his behalf. The refer report accepted. This petition is filed under Section 482 of Code of Criminal Procedure to quash the said order and for a direction to the Magistrate to take cognizance of the offence. 2. Learned counsel appearing for petitioner and learned Public Prosecutor were heard. 3. When a refer report is filed, Magistrate is bound to issue notice to the complainant or the first informant as the case may be, before accepting the refer report. Learned Magistrate admittedly issued notice to the petitioner and he appeared and the case was posted for taking steps. Petitioner did not file protest complaint or an objection to the refer report. Learned Magistrate thereafter granted adjournment making it clear that no further time will be granted and protest complaint, if any is to be filed before 17/6/2009. Petitioner did not file any protest complaint and did not appear. The Magistrate on the materials available getting satisfied, accepted the refer report. In the circumstances of the case learned Magistrate was CRMC 2978/09 3 justified in accepting the final report. There is no reason to interfere with the order accepting final report. Learned counsel then submitted that acceptance of final report may not be taken as a ground to deny an opportunity to file a private complaint. Acceptance of final report by itself will not disentitle the petitioner to file a private complaint, if he is otherwise entitled to. M.SASIDHARAN NAMBIAR, JUDGE. uj.