IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 17TH NOVEMBER 2008 / 26TH KARTHIKA 1930 WP(C).No. 30333 of 2008(J) -------------------------- CMP.4106/2008 of ADDL.C.J.M.,TRIVANDRUM .................... PETITIONER(S): --------------- A.N.VISWAMBHARAN, S/O.NARAYANAN, AGED 72, BEENA COTTAGE, KATTACHALKUZHI. BY ADV. SRI.S.MOHAMMED AL RAFI RESPONDENT(S): --------------- 1. JOSEPH THOMAS, RETD.DIRECTOR GENERAL OF POLICE (VIGILANCE), KERALA POLICE, THIRUVANANTHAPURAM. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. GOVERNMENT PLEADER SRI.GIKKU JACOB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT, J. ---------------------- W.P.C.No.30333 of 2008 ---------------------------------------- Dated this the 17th day of November 2008 O R D E R The petitioner has come to this court with the grievance that no proper action has been taken on the complaint filed by him. 2. Report of the learned Magistrate was called for. The report reveals the steps that have been taken. The learned counsel for the petitioner submits that as steps are being taken now for the disposal of the complaint filed by him, he does not seek any further directions in this writ petition. 3. Request accepted. This writ petition is dismissed as agreed. (R.BASANT, JUDGE) jsr W.P.C.No. 2 The petitioner seeks clarification/correction in the order dated 15/10/2008. I am satisfied that the said request deserves to be allowed. It is clarified that the learned Magistrate must consider the complaint and take appropriate decision in the matter as expeditiously as possible. The words “after 25/10/2008” appearing in the 3rd sentence in paragraph 2 shall stand deleted. 2. Similarly, I clarify that the learned Magistrate having not taken cognizance so far, it shall be open to the petitioner to persuade the learned Magistrate to invoke his powers under Section 156(3) Cr.P.C to refer the matter to the police. In the last sentence in paragraph 2, I have only mentioned that appropriate orders under Section 203 or 204 Cr.P.C can be passed by the learned Magistrate. Cognizance having not been taken, the learned Magistrate can certainly consider the option under Section 156(3) Cr.P.C also. 3. This petition is accordingly allowed. The above clarifications are issued. 4. Issue copy of this order to the learned counsel for the petitioner. W.P.C.No. 3 W.P.C.No. 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007