Jacobkutty @ Shaji vs State Of Kerala on 18 November, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 3742 of 2010()


1. JACOBKUTTY @ SHAJI, AGED 40 YEARS,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY PUBLIC
                       ...       Respondent

                For Petitioner  :SRI.ALIAS M.CHERIAN

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :18/11/2010

 O R D E R
            M.SASIDHARAN NAMBIAR,J.
          ===========================
          CRL.M.C.No. 3742   OF 2010
          ===========================

   Dated this the 18th day of November,2010

                     ORDER

Petition is filed under section 482 of Code

of Criminal Procedure to quash Annexure A9

final report taken cognizance for the offence

under section 354 and 452 of Indian Penal Code

by Judicial First Class Magistrate Court III,

Kottayam and to direct investigation of

Annexure A4 and A7 F.I.Rs by an officer not

below the rank of Superintendent of Police. It

is on investigation of Annexure A4, F.I.R

Annexure A9 final report was submitted.

Annexure A7 F.I.R is registered based on a

complaint filed by the petitioner and sent for

investigation under section 156(3) of Code of

Criminal Procedure.

2. Learned counsel appearing for the

petitioner and learned Public Prosecutor were

Crl.M.C.3742/2010 2

heard.

3. Though learned counsel appearing for the

petitioner argued that learned Magistrate could not

have taken cognizance on Annexure A9 final report,

based on the materials produced, I cannot agree.

It is up to the petitioner to raise the contentions

before the learned Magistrate. Petitioner is at

liberty to file a petition under section 239 of

Code of Criminal Procedure and seek an order of

discharge raising all the contentions raised

herein.

4. Though learned counsel appearing for the

petitioner submitted that no investigation was

conducted on Annexure A7 F.I.R, learned Public

Prosecutor submitted that after completing the

investigation, a refer report was submitted on

10.7.2010. If petitioner is aggrieved, he is

entitled to file a protest complaint before the

learned Magistrate. If the Magistrate has not

given notice to the petitioner before accepting the

final report, acceptance of report will not affect

Crl.M.C.3742/2010 3

the right of the petitioner to file a protest

complaint.

M.SASIDHARAN NAMBIAR
JUDGE
tpl/-

M.SASIDHARAN NAMBIAR, J.

———————

W.P.(C).NO. /06

———————

JUDGMENT

SEPTEMBER,2006