The petitioner herein is the complainant in S.C. No. 1352/2013 of the Judicial First Class Magistrate Court-I, Perinthalmanna. After the appearance of the accused, the learned Magistrate observed that the complaint will have to be returned on the ground of territorial jurisdiction, in view of the decision of the Honourable Supreme Court. However, when the parties reported the possibility of settlement, it was adjourned. By the time, the complainant filed application as CMP No. 3696/2014 requesting to proceed for further steps in the said court itself. However, the complaint was by the time ordered to be returned by the learned Magistrate. When C.M.P.3696/2014 came up for hearing on 27.09.2014, the order was brought to the notice of the learned Magistrate. Accordingly, CMP No. 3696/2014 was dismissed. The said order is under challenge in this original petition brought under Article 227 of the Constitution of India. The main order returning the complaint for presentation O.P.(Crl) No. 245 of 2014 2 before the appropriate court is not seen challenged, and the said order is not seen produced in this proceeding. There is no use of challenging the interim order in CMP No.3696/2014, without challenging the main order returning the complaint. When the said order is not under challenge in this proceeding, this Court cannot direct the court below to restore the complaint to files as requested by the petitioner. When the main order is not challenged, the court cannot interfere under Article 227 of the Constitution of India, and grant relief to the petitioner as requested. He will have to file proper proceeding for proper relief. With the above observation, this Original Petition is closed.
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P. UBAID, JUDGE sd // TRUE COPY // P.A. TO JUDGE