IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 15787 of 2010(Q)
1. E.SUBAIR, S/O.IBRAHIM, AGED 48 YEARS,
... Petitioner
Vs
1. THE SUPERINTENDENT OF POLICE (RURAL),
... Respondent
For Petitioner :SRI.E.SUBAIR
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
Dated :15/06/2010
O R D E R
V.RAMKUMAR, J.
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W.P.(C).No.15787 of 2010
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Dated this the 15th day of June, 2010
JUDGMENT
The petitioner who is the de facto complainant in Crime
No.2697/2008 of Aluva Police Station seeks an enquiry into his
complaint by a senior police officer working outside the
control of Superintendent of Police (Rural), Aluva and to quash
Ext.P2 Refer Report dated 31/1/2009 filed by the police before
the Judicial Magistrate of the First Class Court-I, Aluva.
2. This Court had called for the remarks of the
Magistrate who as per letter dated 11/6/2010 has stated that
consequent on the Aluva Police referring the case as one of
civil nature a notice was sent to the petitioner/de facto
complainant from the court below asking him to appear before
that court on 30/6/2010 if he disputes the correctness of the
finding of the police.
3. The petitioner who appeared in person submitted
that he has filed objection to the acceptance of the refer
report. In case the refer report filed by the police is not
acceptable to him he can file a protest complaint before the
Magistrate and if the Magistrate after hearing the petitioner is
W.P.(C)No.15787/2010
: 2 :
of the view that the case warrants further investigation by a
higher officer and that too from a place outside the District
the Magistrate shall be free to send a report to this Court
seeking appropriate orders.
Reserving the above right of the petitioner to file a
protest complaint objecting to the refer report filed by the
police, this writ petition is disposed of.
V.RAMKUMAR, JUDGE
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