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
2
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
W.P.(C). No. 9512 OF 2008
3
W.P.(C). No. 9512 OF 2008
4