IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 9TH JANUARY 2008 / 19TH POUSHA 1929 WP(C).No. 35987 of 2007(H) -------------------------------- CRIME NO. 477/2006 of KAZHAKKOOTTAM POLICE STATION PETITIONER: BUSHRA, D/O RAHEELA BEEVI, AGED 22 YEARS, ARIFA VILLA, VADAKKUM BHAGOM, KARIYAM, KAZHAKKOOTTAM, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.P.K.MUHAMMED SRI.S.VIJI RESPONDENTS: 1. NAZEER M., S/O ABDUL MAJEED, ARIFA VILLA, VADAKKUM BHAGAM, KAZHAKKOOTTAM, THIRUVANANTHAPURAM DIST. 2. SALIM A.M., SAJEEB MANZIL, VADAKKUM BHAGAM MURI, KAZHAKKOOTTAM VILLAGE, THIRUVANANTHAPURAM DISTRICT. 3. THE SUB-INSPECTOR OF POLICE, KAZHAKKOTTAM POLICE STATION, KAZHAKKOOTTAM, THIRUVANANTHAPURAM DISTRICT. 4. THE SUPERINTENDENT OF POLICE, CRIME BRANCH, THIRUVANANTHAPURAM. 5. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. BY ADV. SRI. C.M. NAZAR, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO. 35987/2007 : 2 : APPENDIX PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF THE PLAINT IN O.S. NO. 1014/2006 PENDING BEFORE THE 1ST ADDITIONAL MUNSIFF'S COURT, THIRUVANANTHAPURAM. EXT.P2: TRUE COPY OF THE INJUNCTION ORDER IN O.S.NO. 1014/2006 PENDING BEFORE THE 1ST ADDITIONAL MUNSIFF'S COURT, THIRUVANANTHAPURAM. EXT. P3: TRUE COPY OF THE PLAINT IN O.S. NO. 357/2006 PENDING BEFORE THE SUB COURT-I, THIRUVANANTHAPURAM. EXT.P4: TRUE COPY OF THE COMPLAINT IN CRL. M.P. NO. 5793/06 ON THE FILES OF THE JUDICIAL FIRST CLASS MAGAISTRATE COURT-III, THIRUVANANTHAPURAM. EXT.P5: TRUE COPY OF THE F.I.R. IN CRIME NO. 477/2006 OF KAZHAKKOOTTAM POLICE STATION. EXT.P6: TRUE COPY OF THE COMPLAINT IN S.T. NO. 1274/06 PENDING BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT III, THIRUVANANTHAPURAM. EXT.P7: TRUE COPY OF THE COMPLAINT IN C.C.NO. 1893/2006 PENDING BEFORE THE JFCM-I, ATTINGAL. EXT.P8: TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT. /True Copy/ P.A to Judge. V. RAMKUMAR , J. ========================== W.P.(C). No. 35987 of 2007 ========================== Dated this the 9th day of January, 2008. JUDGMENT Petitioner, a woman who is the de facto complainant in crime No. 477/2006 of Kazhakkoottam Police Station for offences punishable under Sections 380 and 420 r/w Section 34 IPC, has a grievance that no effective action has been taken by the police subsequent to the registration of Ext.P5, F.I.R. She therefore, prays for a stay of further proceedings in the civil suit pending before the First Additional Sub Court, Thiruvananthapuram and the criminal prosecution pending before the Judicial First Class Magistrate-I, Attingal in S.T. Case No. 1274/2006 and C.C. No. 1893/2006. The learned Government Pleader in charge of the case on instructions submitted that the case of the petitioner has been found to be false after investigation and that the petitioner who had issued two cheques and who is facing prosecution before the criminal court was trying to pre-empt the criminal prosecution by lodging the complaint in the present case and after noting that the case of the petitioner is false the police have filed a refer report before the JFCM-I, Attingal on 04.02.2007. The above submission is recorded. If the petitioner is aggrieved by the refer report, her remedy is to file a protest complaint before the Magistrate. Reserving the said right, this writ petition is dismissed. Communicate this order to JFCM-I, Attingal. V. RAMKUMAR, JUDGE. rv