IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 15TH JUNE 2010 / 25TH JYAISTHA 1932 WP(C).No. 15787 of 2010(Q) -------------------------- PETITIONER: --------------- E.SUBAIR, S/O.IBRAHIM, AGED 48 YEARS, KORANGATTUPARAMBU, MALIAKKAPADY, EDATHALA, ALUVA EAST VILLAGE, ALUVA. BY ADV. SRI.E.SUBAIR RESPONDENT: --------------- THE SUPERINTENDENT OF POLICE (RURAL), ALUVA. GOVERNMENT PLEADER SRI.C.S.HRITHIK THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.RAMKUMAR, J. ------------------------------------- W.P.(C).No.15787 of 2010 -------------------------------------- Dated this the 15th day of June, 2010 JUDGMENT The petitioner who is the de facto complainant in Crime No.2697/2008 of Aluva Police Station seeks an enquiry into his complaint by a senior police officer working outside the control of Superintendent of Police (Rural), Aluva and to quash Ext.P2 Refer Report dated 31/1/2009 filed by the police before the Judicial Magistrate of the First Class Court-I, Aluva. 2. This Court had called for the remarks of the Magistrate who as per letter dated 11/6/2010 has stated that consequent on the Aluva Police referring the case as one of civil nature a notice was sent to the petitioner/de facto complainant from the court below asking him to appear before that court on 30/6/2010 if he disputes the correctness of the finding of the police. 3. The petitioner who appeared in person submitted that he has filed objection to the acceptance of the refer report. In case the refer report filed by the police is not acceptable to him he can file a protest complaint before the Magistrate and if the Magistrate after hearing the petitioner is W.P.(C)No.15787/2010 : 2 : of the view that the case warrants further investigation by a higher officer and that too from a place outside the District the Magistrate shall be free to send a report to this Court seeking appropriate orders. Reserving the above right of the petitioner to file a protest complaint objecting to the refer report filed by the police, this writ petition is disposed of. V.RAMKUMAR, JUDGE skj