IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 22ND SEPTEMBER 2010 / 31ST BHADRA 1932 WP(C).No. 23307 of 2010(Q) -------------------------- CMP.3950/2010 of J.M.F.C.,IRINJALAKUDA .................... PETITIONER(S): ------------------------- SINDHU R.P. W/O. K.B. SAJEESH, UDAYAM, IRINJALAKUDA NORTH P.O. IRINJALAKUDA, THRISSUR DISTRICT. BY ADV. SMT.C.G.PREETHA RESPONDENT(S): --------------------------- 1. THE SUB INSPECTOR OF POLICE, IRINJALAKUDA, THRISSUR DISTRICT. 2. THE CIRCLE INSPECTOR OF POLICE, IRINJALAKUDA, THRISSUR DISTRICT. 3. SMT.INDU, W/O. RADHAKRISHNAN, 'VRINDAVANAM' OPP.ST.MARY'S CHURCH, N.H-17 MATTALAI, PILICODE P.O. KASARAGODE DISTRICT PIN-671 352. R1 & R2 BY GOVERNMENT PLEADER SRI. P.A. SALIM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.Sasidharan Nambiar, J. -------------------------- W.P.(C)No.23307 of 2010 -------------------------- JUDGMENT This petition is filed under Article 226 of Constitution of India to call for the records in C.M.P.No.3950/2010 on the file of Judicial First Class Magistrate's Court, Irinjalakuda and to quash the same and to declare that first respondent is not the competent authority to investigate the offence committed under the provisions of Information Technology Act and to issue a writ of mandamus commanding first respondent to hand over the entire file relating to Exhibit P7 FIR registered consequent to forwarding of C.M.P.No. 3950/2010 by the learned Magistrate. 2. Learned counsel appearing for the petitioner was heard. 3. As directed by this Court, Judicial First Class Magistrate, Irinjalakuda forwarded the records in C.M.P.No.3950/2010 as well as the WPC 23307/10 2 subsequent protect complaint filed by the petitioner on 22.6.2010. This writ petition was filed only on 23.7.210, subsequent to the filing of the protest complaint before the Magistrate. 4. Learned counsel appearing for the petitioner submitted that petitioner is not pressing the first relief and is satisfied with the other two reliefs. First relief sought for by the petitioner is to quash C.M.P.No.3950/2010, based on which Exhibit P5 FIR was registered by the police, on receipt of C.M.P.No.3950/2010, sent by the Magistrate under Section 156(3) of Code of Criminal Procedure. If the complaint is quashed, entire FIR will go. Whatever it be, after investigation, in Exhibit P5 FIR, a final report was submitted. Before filing the writ petition, petitioner filed a protest complaint C.M.P.No.7058/2010 before the Magistrate, The final report submitted by the Sub Inspector of Police, which was forwarded along with C.M.P.No. 7058/2010, shows that on receipt of the refer WPC 23307/10 3 report, notice was issued to the petitioner directing her to appear on 18.09.2010 with the witnesses. Learned Magistrate has already decided to conduct an enquiry under Section 200/202 of Code of Criminal Procedure. In such circumstances, granting liberty to the petitioner to raise all the contentions before the learned Magistrate, this petition is dismissed. 22nd September, 2010 (M.Sasidharan Nambiar, Judge) tkv