RASHIDA Vs. THE SUB INSPECTOR OF POLICE

JUDGEMENT

(1.) THE petitioner herein is the de facto complainant in Crime No. 1299/2013 of Kondotty Police Station, Malappuram district, for offences registered under Sections 341, 323, 354, 354A and 294(b) of the IPC. It is averred that the accused in the above case is a Civil Police Officer, who is working as the Driver of the Circle Inspector of Police, Nallalam, and that on account of the influence exerted by him, the 1st respondent -investigating officer, (Sub Inspector of Police, Kodotty Police Station), has referred the case. The detailed averments in the Crl. M.C. as to the version of the petitioner regarding the above incidents and the alleged commission of offence by the accused need not detain the attention of the court to such details, as it is not now necessary for the disposal of this matter.

(2.) IT is the case of the petitioner that the 1st respondent had closed the investigation and filed the refer report and that the petitioner has not been served a copy of the refer report and she could not get any reasonable opportunity of being heard before the jurisdictional Magistrate concerned on the question of the acceptance or otherwise of the above said refer report. Thereupon, the petitioner filed Criminal Miscellaneous Petition No. 2399/2014 before the Judicial First Class Magistrate Court, Malappuram, under Section 156(3) of the Cr.P.C. praying for an effective investigation in the matter. The learned Magistrate, as per impugned Annexure A4 dated 26.6.2014, has closed the petition on the ground that the investigation in this case is already over and the refer report is filed. In this view of the matter, the petition is to be closed. The impugned Annexure A4 order dated 26.6.2014 given on pages 21 and 22 of this Crl.M.C. reads as follows:

(3.) NOTICE given to APP he has filed report stating that refer report filed in this matter.