Kerala High Court
K.J.Antony vs State Of Kerala
Author: C.T. Ravikumar
Bench: C.T.Ravikumar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR
WEDNESDAY, THE 27TH DAY OF MARCH 2013/6TH CHAITHRA 1935
WP(C).No. 6056 of 2013 (F)
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PETITIONER(S):
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K.J.ANTONY,
S/O.LATE K.A.GEORGE, KALATHIPARAMBIL HOUSE
SAHODARA NAGAR EAST, NJARAKKAL.P.O, ERNAKULAM.
BY ADVS.SRI.SHAIJAN C.GEORGE
SMT.S.REKHA KUMARI
SRI.M.T.AJITH
SMT.SAJITHA GEORGE
RESPONDENT(S):
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1. STATE OF KERALA,
REPRESENTED BY HOME SECRETARY, HOME DEPARTMENT
GOVT.SECRETARIAT, THIRUVANANTHAPURAM-695001.
2. DIRECTOR GENERAL OF POLICE,
POLICE HEAD QUARTERS, TRIVANDRUM-695002.
3. DISTRICT POLICE CHIEF AND SUPERINTENDENT OF POLICE,
OFFICE OF SUPERINTENDENT OF POLICE, ERNAKULAM (RURAL)
ALUVA-682501.
4. THE STATION HOUSE OFFICER,
ALUVA EAST POLICE STATION, ALUVA-682501.
BY GOVERNMENT PLEADER SRI.RAJESH VIJAYAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27-03-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C).NO.6056/13
APPENDIX
PETITIONER(S) EXHIBITS :
EXT-P1:THE COPY OF THE COMPLAINT FILED BY THE PETITIONER IN
CMP.1973/11 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE
COURT-I, ALUVA.
EXT-P2: A TRUE COPY OF THE FIR IN CRIME 3141/2011 OF ALUVA EAST
POLICE STATION.
EXT-P3 : A TRUE COPY OF THE APPLICATION DATED 8.12.11.
EXT-P4 : COPY OF ACKNOWLEDGMENT CARD EVIDENCING THE RECEIPT OF
APPLICATION DATED 8.12.11.
EXT-P5 :TRUE COPY OF THE REPRESENTATION DATED 31.12.11 BY THE
PETITIONER.
EXT-P6 : COPY OF ACKNOWLEDGMENT CARD EVIDENCING THE RECEIPT OF
REPRESENTATION DT.31.12.11.
EXT-P7 TRUE COPY OF THE NOTICE DATED 18.2.13 ISSUED BY THE 4TH
RESPONDENT.
RESPONDENTS' EXHIBITS :NIL
//TRUE COPY//
P.A.TO JUDGE
C.T. RAVIKUMAR, J.
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W.P.(C). No. 6056 OF 2013
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Dated this the 27th day of March, 2013
JUDGMENT
The petitioner filed CMP No.1973 of 2011 before the Court of Judicial First Class Magistrate-I, Aluva alleging commission of cheating and forgery against certain persons who names have been specifically mentioned in the said complaint. That petition was forwarded to the fourth respondent for investigation under section 156 (3) of the Code of Criminal Procedure. This petition has been filed raising grievance that the investigating officer is taking steps to file a refer report ignoring the representations viz., Exts.P3 and P5 submitted by the petitioner.
2. The learned Public Prosecutor, on instructions, submitted that after registering crime No.3141 of 2011 at Aluva East Police Station, investigation had been conducted in the said crime and on its W.P.(C).6056/13 2 completion, a final report has been laid before the Court of Judicial First Class Magistrate-I, Aluva on 18.2.2013 in terms of section 173 Cr.P.C. It is also stated by the learned Public Prosecutor that the said report is, in fact, a refer report. There cannot be any doubt with respect to the procedure to be followed mandatorily when once pursuant to the investigation, a refer report is filed. Certainly, the petitioner herein will get opportunity to redress his grievances in accordance with law. In that view of the matter, no relief can be granted to the petitioner in this proceedings, at this stage. In such circumstances, reserving the right of the petitioner to seek for his remedies before the Court of Judicial First Class Magistrate-I, Aluva, at the appropriate stage, this petition is closed.
Sd/-
C.T. RAVIKUMAR
(JUDGE)
spc/
W.P.(C).6056/13 3
C.T. RAVIKUMAR, J.
JUDGMENT
September, 2010
W.P.(C).6056/13 4