C C SHIBU Vs. SUB INSPECTOR OF POLICE

JUDGEMENT

(1.) THIS writ petition is filed by the de facto complainant in Crime No.998 of 2009 of Irinjalakuda Police Station. That case was registered on the strength of Ext.P5, complaint made by the petitioner to the Sub Inspector, Irinjalakuda. Based on that complaint the Sub Inspector registered Crime No.998 of 2009 (Ext.P6 is the FIR) for offences punishable under Secs.120B, 409 and 420 of the Indian Penal Code. Petitioner approached this Court stating that respondent Nos.1 and 2 colluded and submitted a refer report before learned Judicial First Class Magistrate, Irinjalakkuda stating that the dispute is of civil nature. It is contended that learned Magistrate posted the case on 18.05.2008 without giving notice or summons to the petitioner. Hence it is prayed that Ext.P7, refer report may be quashed and further investigation of the case may be ordered.

(2.) IN the light of the submission made by learned counsel for petitioner at the time of hearing, I called for a report from learned Judicial First Class Magistrate, Irinjalakkuda through Registrar (Judicial). The Registrar (Judicial) has reported that on contacting learned Magistrate, it is reported that refer report (RC No.75 of 2010) was filed before the learned Magistrate on 19.05.2010. According to the learned Magistrate the police had served notice of refer report by registered post on petitioner. Learned Magistrate accepted refer report on 24.05.2010 but without issuing notice to the petitioner from the said Court. I have heard learned counsel for petitioner and learned Public Prosecutor.