This is an application filed by the petitioner seeking direction to the investigating officer to file final report within a time frame under Article 226 of the Constitution of India.
2. It is alleged in the petition that petitioner is the de facto complainant in Crime No.327/2010 of Kumaly Police Station and Ext.P1 First Information Report was registered on the basis of the statement given by him against the accused persons alleging offences under Sections 447, 427 read with Section 34 of Indian Penal Code in respect of an incident happened on 15.06.2010. Though they registered the crime and prepared Ext.P2 Mahazar, no further development has been done by the investigating officer in conducting the investigation and filing final report. Though they say that refer report has been filed, no notice has been issued to them regarding the same as well and he has also not received any notice from the court regarding the refer report as once the refer report is filed, court is bound to send a notice to the de facto complainant and only after hearing his objections that report can be acted upon. So, the petitioner has no other remedy except to approach this court seeking the following relief:
“To issue a Writ of Mandamus, Order or direction to the respondent to file a final report in Crime No.327/2010 of Kumaly Police Station before the Judicial Magistrate Court concerned, within a short time to be fixed by this Hon'ble Court.”
3. Earlier, the Government Pleader submitted that refer charge has already been submitted before the court. On that basis, a report has been called for from Judicial First Class Magistrate Court, No-II, Peerumedu regarding the same and the learned magistrate sent a report dated 26.03.2014 which reads as follows:
“Referring to the above, I am submitting the following for kind information.
On perusal of records, it is seen that no refer charge has been filed in Crime.No.327/2010 of Kumily Police Station so far.”
4. Thereafter, when the Government Pleader was appraised of this fact, the Government Pleader expressed that the concerned police officer is not responding to the queries made by the Government Pleader and so, a direction has been issued to the District Police Chief in this regard and the District Police Chief has sent a report which reads as follows:
“As desired in the judgment of Hon'ble High Court of Kerala vide reference cited, the final report in Crime No.327/2010 of Kumily Police Station has been submitted before the Hon'ble Judicial First Class Magistrate Court-II, Peerumade on 01.05.2014. The explanation and compliance report submitted by Sub Inspector of Police Kumily in this regard is enclosed herewith for kind information.
It is also submitted that the final report in this regard had earlier been prepared and sent to court, but did not reach the court. The matter has been got enquired through DySP Kattappana and suitable disciplinary action has been initiated against the responsible woman civil police officer.”
5. Subsequently, on the basis of the report submitted by the District Police Chief, further report was called for from Judicial First Class Magistrate Court, No-II, Peerumedu and the learned magistrate had sent a report which reads as follows:
“With reference to the above I may humbly report that Final Report has been filed by the S.I of police Kumily in Crime No.327/2010 of that police station on 30.04.2014 and the same has been numbered as RC 25/2014 on the file of this court. Further I may submit that the case has been posted to 03.07.2014 and notice was issued to the complainant for appearance.”
6. It is stated in the last report that the refer charge has been filed on 30.04.2014 and it was taken on file as R.C.No.25/2014 and notice has been issued to the complainant for his appearance and posted to 03.07.2014 for return of notice. When this was pointed out to the Counsel for the petitioner, the Counsel for the petitioner submitted that the above facts may be recorded and the petition can be disposed of leaving open the right of the petitioner to agitate the same in accordance with law. In view of the last report dated 06.06.2014 of the learned Judicial First Class Magistrate, No- II, Peerumedu, no further direction need be given in this matter as the relief claimed in the petition is to direct the investigating officer to file report and even if refer report is filed, court will have to accept the same only after hearing the complainant and it is now posted for that purpose and notice has been issued from the court.
So, the above report of the Judicial First Class Magistrate, No-II, Peerumedu is recorded and the petition is closed as no further direction is required in this regard leaving open the right of the petitioner to agitate the refer report before the concerned magistrate court in accordance with law.
With the above observation, the petition is disposed of.
Sd/-
K.Ramakrishnan, Judge.
Bb [True copy] P.A to Judge