IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 1ST SEPTEMBER 2008 / 10TH BHADRA 1930 Crl.MC.No. 3061 of 2008(A) -------------------------------------- (AGAINST S.T. NO. 366/2007 ON THE FILE OF C.J.M., THODUPUZHA) ............. PETITIONER/ ACCUSED: ----------------------------------- ROHITH JOHN, C.R.A. 526, GOUREESAPATTOM, THIRUVANANTHAPURAM. BY ADV. SRI.V.PHILIP MATHEWS. RESPONDENTS/ COMPLAINANT AND STATE: ----------------------------------------------------------------- 1. RAJAN T.JOSEPH, S/O.JOSEPH, THACHAMPURATHU VEEDU, ELAPPILLY KARA, ELAPPILLY VILLAGE, THODUPUZHA TALUK. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. AMJAD ALI FOR R2, ADV. SRI.T.J.MICHAEL FOR R1. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 01/09/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 3061 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 1st day of September, 2008 O R D E R The learned Prosecutor, after taking instructions, submits that in Crime No.692 of 2007 investigation is complete and a negative final report is about to be filed. The grievance of the petitioner is that the prosecution under Section 138 of the N.I. Act is proceeding and the trial is about to be taken up without and before the completion of the investigation in Crime No. 692 of 2007. 2. The learned Prosecutor submits that the final report shall be filed within a period of three weeks from this date referring the said crime. 3. I am satisfied, in these circumstances, that no further directions are necessary in this Crl.M.C. If negative final report is filed by the Investigating Officer, needless to say, the petitioner shall have the avenues available in law open to him to take action. Crl.M.C.No. 3061 of 2008 2 4. With the above observations this Crl.M.C. is dismissed. I may hasten to observe that the interim order issued on 13.8.2008 shall now remain in force till 15.10.2008. It is made clear that the interim direction is only against the pronouncement of judgment and proceedings till then can continue till 15.10.2008. (R. BASANT) Judge tm