IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 30412 of 2007(U)
1. PULIKKATHARA SABU, PULIKKATHARA HOUSE,
... Petitioner
Vs
1. STATE OF KERALA REPRESENTED BY THE
... Respondent
2. INSPECTOR GENERAL OF POLICE (CRIMES),
3. CIRCLE INSPECTOR OF POLICE,
4. VIJAYAKUMAR, SUB INSPECTOR OF POLICE,
For Petitioner :SRI.SHAIJAN C.GEORGE
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :11/10/2007
O R D E R
R.BASANT, J.
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W.P.C.No.30412 of 2007
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Dated this the 11th day of October 2007
J U D G M E N T
The petitioner is the de facto complainant in a crime
registered for offences punishable inter alia under Sections 403,
420 and 468 I.P.C. The crime has been registered on the basis of a
private complaint filed by the learned Magistrate and referred by
the learned Magistrate to the police under Section 156(3) Cr.P.C.
The police conducted the investigation. After conducting the
investigation, the investigating officer appears to have come to the
decision that no charge sheet need be filed. Negative final report
deserves to be filed. The petitioner has been informed of that
decision as per Ext.P4.
2. I should think that it is for the petitioner to appear
before the learned Chief Judicial Magistrate and raise his
objections, if any, against the negative final report filed by the
investigating officer . He can appear personally or through
counsel and raise all his objections against the final report. It is
trite that in such objections he can request the learned Magistrate
to send the matter back to the investigating officer to continue the
investigation. He can also request the learned Magistrate to
W.P.C.No.30412/07 2
accept the report and take cognizance notwithstanding the fact
that it is a negative report. Needless to say, the petitioner has
the third alternative of filing a protest complaint also. The
learned counsel for the petitioner submits that the petitioner is
employed abroad and there are practical difficulties in filing a
protest complaint now before the learned Magistrate.
3. Be that as it may, the petitioner can certainly appear
before the learned Magistrate personally or through counsel and
raise all his objections against acceptance of the final report. He
can urge before the learned Magistrate that no proper
investigation has been conducted and the matter deserves to be
referred back to the investigating officer to conduct proper
investigation. The objections of the petitioner will have to be
considered and appropriate decision taken by the learned
Magistrate.
4. The petitioner can either personally or through his
counsel appear before the learned Magistrate on 5/11/2007 to
raise his objections.
Communicate a copy of this order to the learned Magistrate
forthwith.
(R.BASANT, JUDGE)
jsr // True Copy// PA to Judge
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W.P.C.No.30412/07 4
R.BASANT, J.
CRL.M.CNo.
ORDER
21ST DAY OF MAY2007