IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 9TH JULY 2008 / 18TH ASHADHA 1930 WP(C).No. 18634 of 2008(R) -------------------------- CRIME NO.342 OF 2007 OF KASABA POLICE STATION PETITIONER: ------------ RABEESH, AGED 27 YEARS, S/O.BALAKRISHNA KURUP, PRABHITHA NIVAS, ATHOLI AMSOM, KOLATHOOR DESOM OF KOYILANDY TALUK, KOZHIKODE DISTRICT. BY ADV. SRI.RENJITH B.MARAR SRI.L.RAJESH NARAYAN RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KASABA POLICE STATION, KOZHIKODE. 2. MANAGER, ICICI BANK LIMITED, KANNUR ROAD, KOZHIKODE. 3. UNNIKRISHNAN, AGED 37 YEARS, KRISHNA BUILDING, KASABA AMSOM, KOZHIKODE. 4. HEMIN P.EAPPEN, KALLONODE, KOYILANDI TALUK, KOZHIKODE. BY GOVERNMENT PLEADER SRI.GIKKU JACOB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT, J ------------------------------------ W.P(C). No.18634 of 2008 ------------------------------------- Dated this the 9th day of July, 2008 JUDGMENT Petitioner is the defacto complainant in a crime registered alleging offences punishable, inter alia, under Section 379 r/w 34 I.P.C. Crime was registered on the basis of a private complaint filed by the petitioner/defacto complainant before the learned Magistrate and which was referred to the police by the learned Magistrate under Section 156(3) Cr.P.C. After investigation, the police filed a negative final report. That final report was accepted and the proceedings were closed. 2. The petitioner has come to this Court with a grievance that he had not been issued notice either by the Investigating Officer or by the learned Magistrate and that without he being given an effective opportunity to raise objections against the negative final report, the same was accepted. 3. Report of the learned Magistrate was called for. The report of the learned Magistrate clearly shows that the petitioner was issued notice from the court. He had entered appearance. But later he did not raise any objection against the refer report. It was in these circumstances that the refer report was accepted. W.P(C). No.18634 of 2008 2 4. I do not, in these circumstances, find any merit in the objection raised by the petitioner in this Writ Petition. The petitioner does not appear to be without remedy. If he still has a grievance that the accused deserves to be prosecuted, his option to file a private complaint and offer to substantiate the allegations against the accused in such private complaint before the court shall remain unfettered. 5. With the observation that that option of the petitioner shall not be fettered by the acceptance of the negative final report submitted by the police or the dismissal of this Writ Petition by this Court, this Writ Petition is dismissed. (R.BASANT, JUDGE) rtr/-