IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 4504 of 2010()
1. VRINDA VARMA, MANAGER,
... Petitioner
Vs
1. GEORGEKUTTY ABRAHAM,
... Respondent
2. STATE OF KERALA,
For Petitioner :SRI.P.VIJAYA BHANU (SR.)
For Respondent :SRI.NOBLE MATHEW
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :08/12/2010
O R D E R
M.SASIDHARAN NAMBIAR,J.
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CRL.M.C.NO.4504 OF 2010
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Dated 8th December, 2010
O R D E R
A refer report was filed by the
Sub Inspector of Police, Ernakulam Town
South Police Station in Crime No.749/2009
before Chief Judicial Magistrate,
Ernakulam. Notice was issued on the refer
report to the de facto complainant by
Additional Chief Judicial Magistrate, as he
bound to issue notice to the de facto
complainant, before considering the
question whether the refer report is to be
accepted or not. As the de facto
complainant had received notice of the
refer report from the police, he filed
Annexure-A protest complaint before
Additional Chief Judicial Magistrate.
Crmc 4504/10 2
Additional Chief Judicial Magistrate without
deciding the question whether the refer report
is to be accepted or not, took cognizance of
the offence in Annexure-A complaint and issued
summons to the petitioner, the accused, in
C.C.3289/09. Petition is filed under Section
482 of Code of Criminal Procedure to quash the
cognizance taken.
2. Learned counsel appearing for the
petitioner and learned counsel appearing for
the first respondent/complainant in
C.C.3289/2009 were heard.
3. Learned counsel appearing for the
petitioner made available certified copy of
the refer report, filed under Section 173(2) of
Code of Criminal Procedure. It shows that on
receipt of the refer report, learned Magistrate
issued notice to the de facto complainant and
as it was not served on two occasions, it now
Crmc 4504/10 3
stands posted to 27/1/2011 for return of
notice. It is thus clear that learned Chief
Judicial Magistrate took cognizance of the
offence on Annexure-A complaint, before
considering whether the refer report is to be
accepted or not. In such circumstances,
cognizance taken in Annexure-A complaint in
C.C.3289/2009 can only be quashed and
Additional Chief Judicial Magistrate is to be
directed to consider the question of taking
cognizance along with the question whether
refer report is to be accepted or not on
27/1/2011. First respondent can appear in the
inquiry to be conducted by the Additional
Chief Judicial Magistrate, on the refer report
on that day.
Petition is allowed. Cognizance taken on
Annexure-A complaint in C.C.3289/2009 on the
file of Additional Chief Judicial Magistrate,
Crmc 4504/10 4
Ernakulam is quashed. Additional Chief Judicial
Magistrate is directed to consider Annexure-A
complaint along with the refer report which now
stands posted to 27/1/2011. If Additional Chief
Judicial Magistrate has already recorded,
statement of the complainant witnesses as
provided under Section 202 of Code of Criminal
Procedure Magistrate need not record the
statements again. Learned Magistrate shall
consider whether cognizance is to be taken on
Annexure-A complaint only on considering the
refer report also and shall also consider
whether the refer report is to be accepted or
not.
M.SASIDHARAN NAMBIAR,
JUDGE.
uj.