BACKAR HAJI Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS is an application filed by the petitioner who is the defacto complainant (wrongly shown as accused in the cause title) in CC.No.120/2007 (Crime No. 78/2004 of Pavaratty police station) challenging the order of the learned Magistrate in Crl.M.P.No.13163/2008 under section 482 of Code of Criminal Procedure.

(2.) IT is alleged in the petition that the petitioner is the defacto complainant in CC.No.120/2007 pending before the judicial First Class Magistrate Court, Chavakkad. Petitioner originally filed a private complaint before the Judicial First Class Magistrate Court, Chavakkad against the respondents 2 to 4 alleging offences under section 406, 420, 447 and r/w 34 of Indian Penal Code. The complaint was forwarded to the police for investigation under section 156(3) of Code of Criminal Procedure by the learned Magistrate and on receipt of the same, Crime No. 78/2004 of Pavaratty police station was registered and after investigation, they originally filed a refer report. But the learned Magistrate returned the same as per Annexure -C order and thereafter, they conducted further investigation and then submitted Annexure -B final report and the learned Magistrate had taken cognizance of the case as CC.No.120/2007 and that is pending before that court. Later, when the petitioner made enquiries, he came to understand that the document by which they wanted to assign the property does not confer any right on the executants and suppressing this fact, they have entered into agreement with the petitioner to lease the property and he wanted further investigation for the purpose of getting this document seized and produced before court and for that purpose he filed Crl.M.P.No.13163/2008 under section 173(8) of Code of Criminal Procedure for further investigation and that was dismissed by the learned Magistrate by Annexure -H impugned order which is under challenged.

(3.) HEARD the counsel for the petition, counsel for the respondents 2 and 4 and the learned Public Prosecutor.