IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 28TH AUGUST 2009 / 6TH BHADRA 1931 Crl.MC.No. 2164 of 2009 -------------------------------- (CRIME NO.480/2006 OF ERNAKULAM TOWN NORTH POLICE STATION) ............................................. PETITIONER(S): ---------------------- SINI RACHEL OMMEN, D/O.MATHEW OOMMEN, RESIDING AT KATTANCHERIL HOUSE, ERAVIPEROOR P.O., PATHANAMTHITTA DISTRICT, REPRESENTED BY HER POWER OF ATTORNEY HOLDER- MATHEW OOMMEN KATTANCHERIL HOUSE, ERAVIPEROOR P.O., PATHANAMTHITTA DISTRICT. BY ADV. SRI.MOHAN JACOB GEORGE RESPONDENT(S): ------------------------ 1. S.I.OF POLICE, ERNAKULAM TOWN POLICE STATION, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. JIBY JOHN GEORGE, S/O.SRI.GEORGE ULAHANNAN RESIDING AT FLAT NO.201, STAR LAGOON, KONTHURUTHI, THEVARA, ERNAKULAM DISTRICT (NOW TEMPORARILY STAYING FOR THE PURPOSE OF EMPLOYMENT AT P.O.BOX NO.19636, DUBAI, UNITED ARAB EMIRATES). 3. JOBY.P.JOY, PEYTRA MELETHIL P.O. 4. GEORGE ULAHANNAN, VAZHATHOTTATHIL VEEDU, MELUKAVU MURI, MELUKAVU VILLAGE, MENACHIL TALUK, KOTTAYAM DISTRICT. 5. MARIYAMMA ULAHANNAN, VAZHATHOTTATHIL VEEDU, MELUVAKU MURI, MELUKAVU VILLAGE, MEENACHIL TALUK, KOTTAYAM DISTRICT. PUBLIC PROSECUTOR SRI.S.U.NAZAR FOR R1. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.2164 OF 2009 ------------------------------------------ Dated 28th August 2009 O R D E R Petitioner was the defacto complainant in C.M.P.3550/2006 on the file of Judicial First Class Magistrate-I, Ernakulam, which was sent for investigation based on which crime No.480/2006 under Annexure-A1 FIR was registered on 1/8/2006 for the offences under Sections 406, 420, 323, 506(i) and 498 A read with Section 34 of Indian Penal Code. This petition is filed under Section 482 of Code of Criminal Procedure for a direction to the first respondent to submit the final report contending that final report has not been submitted before the court though final report was allegedly forwarded to the court on 29/9/2006. 2. As the learned Public Prosecutor submitted that final report was submitted and learned Magistrate has taken cognizance of the case as C.C.2068/2008 and petitioner expressed doubt with regard to the correctness, a report was called for CRMC 2164/09 2 from the Judicial First Class Magistrate-I, Ernakulam. Report of the Magistrate establish that C.C.2068/2008 was taken cognizance on the final report submitted in crime 480/2006 and first posting date of the case was on 18/3/2008 and it was then posted to 14/8/2009 and accused 1,3 and 4 appeared on the day and fresh summons was ordered to the second accused and case now stands posted to 19/9/2009. In such circumstances, petition is dismissed. M.SASIDHARAN NAMBIAR, JUDGE. uj.