High Court Kerala High Court

Renjith @ Unni vs State Of Kerala on 29 May, 2008

Kerala High Court
Renjith @ Unni vs State Of Kerala on 29 May, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 9512 of 2008(G)


1. RENJITH @ UNNI, S/O.GEORGE,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REP. S.I. OF POLICE
                       ...       Respondent

2. PRESTIGE, S/O.THOMAS, MANGALAMKUNNEL

3. BENOY, S/O.MATHEW, THOONKUZHIYIL HOUSE,

4. JOSEPH @ RAJU, S/O.KUTTAPPAN,

                For Petitioner  :SRI.K.S.HARIHARAPUTHRAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice R.BASANT

 Dated :29/05/2008

 O R D E R
                             R. BASANT, J.
                -----------------------------------------------
                    W.P.(C). No. 9512 OF 2008
                -----------------------------------------------
               Dated this the 29th day of May, 2008

                               JUDGMENT

Crime Nos. 173 and 174 of 2005 of Upputhara police station

are in the nature of a case and counter case. Final report has

already been filed in Crime No.173/2005 and cognizance has

been taken by the learned Magistrate. The said proceedings are

pending as CC No.29/2006. In Crime No.174/2005, the final

report has not been filed so far. Though the learned Magistrate

has been informed by the Investigating Officer that he intends to

submit a refer report through the Deputy Superintendent of Police,

The final report has not been received by the learned Magistrate,

this is revealed from the report of the learned Magistrate.

2. The grievance of the petitioner, who is the defacto

complainant in Crime No.174/2005 and the accused in Crime

No.173/2005, is that the learned Magistrate is proceeding with CC

No.29/2006 before the final report is received in Crime

No.174/2005. According to the petitioner, the said crime cannot

be referred by the police and if they pray to refer the same,

W.P.(C). No. 9512 OF 2008
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petitioner wants to raise objections against such refer report. If

such objections are not accepted, petitioner would like to file a

private complaint to prosecute the alleged offenders in that crime.

According to the petitioner, he has already filed CMP No.

5449/2007, which is a private complaint, aggrieved by the

apprehended reference of Crime No.174/2005.

3. I am satisfied in these circumstances that the learned

Judicial First Class Magistrate, Kattappana can be directed not to

proceed with CC No.29/2006 now and to wait for the final report in

Crime No.174/2005 and the final orders thereon before proceeding

further with CC No.29/2006.

4. This Writ Petition is allowed in part to the above extent.

R. BASANT, JUDGE
ttb

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