MOHANAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the defacto complainant in a crime registered under Section 435 I.P.C. According to the petitioner, no proper investigation was conducted. Report of the learned Magistrate was called for. The learned Prosecutor has been heard. The learned Prosecutor submits that in spite of the best efforts of the Investigator the offence could not be detected and a report was filed intimating the Court the conclusion that the case deserves to be referred as undetected.

(2.) The grievance of the petitioner is that he has not been heard before such report is accepted by the learned Magistrate. It is hence that a report of the learned Chief Judicial Magistrate was called for. The report shows that the refer report was accepted without notice to the defacto complainant as per order dt. 15.11.2005 in R.C. No. 85 of 2005.

(3.) Acceptance of the refer report without notice to the petitioner is certainly not proper and cannot be reckoned as valid and justified. In these circumstances the learned counsel for the petitioner submits that acceptance of the final report may be set aside and the petitioner may be granted an opportunity to make his submissions before the learned Magistrate about the inadequacy in investigation and of the need to direct further investigation. I accept the said prayer of the learned counsel for the petitioner. The acceptance of the refer report as per order dt. 15.11.2005 in R.C. 85 of 2005 is set aside and the learned Magistrate is directed to give the petitioner an opportunity to raise his objections against the refer report submitted by the investigator.