IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 9 of 2008(A)
1. C.GOPAKUMAR, S/O.CHELLAPPAN PILLAI,
... Petitioner
Vs
1. THE DIRECTOR GENERAL OF POLICE,
... Respondent
2. THE COMMISSIONER OF POLICE,
3. THE ASSISTANT COMMISSIONER OF POLICE,
4. THE SUB INSPECTOR OF POLICE,
For Petitioner :SRI.V.E.ABDUL GAFOOR
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice R.BASANT
Dated :11/02/2008
O R D E R
R.BASANT, J.
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W.P.C.No.9 of 2008
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Dated this the 11th day of February 2008
J U D G M E N T
There is no representation for the petitioner. The report
from the learned Magistrate shows that a final report has already
been filed alleging commission of the offence punishable under
Section 427 I.P.C only. Inasmuch as the complainant had alleged
the offence punishable under Section 380 read with 34 I.P.C also
and the final report does not allege any such offence, the learned
Magistrate has already issued notice to the petitioner to appear
before the learned Magistrate on 20/2/2008 and raise his
objections, if any. In these circumstances, I am satisfied that no
further directions need be issued in this writ petition. The learned
Magistrate has reported that treating the final report as a
complaint under Section 2(d) Cr.P.C, in view of the explanation,
appropriate decision shall be taken in the matter of cognizance of
the offence punishable under Section 427 I.P.C.
2. I do, in these circumstances, dismiss this writ petition
taking note of the report submitted by the learned Magistrate and
the submissions of the learned Public Prosecutor.
(R.BASANT, JUDGE)
jsr // True Copy// PA to Judge
W.P.C.No. 2
W.P.C.No. 3
R.BASANT, J.
CRL.M.CNo.
ORDER
21ST DAY OF MAY2007