P P ASHIQUE Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONER who is the accused in Crime No. 3 of 2009 of kattoor Police Station for offences punishable under Sections 420, 406 and 418 I. P. C. seeks to quash Annexure-II private complaint and the resultant F. I. R. in the aforesaid Crime. Annexure-II private complaint was filed by the 2nd respondent herein alleging commission of the aforementioned offences. The complaint was filed before the J. F. C. M. Irinjalakkuda who did not take cognizance of the offences. Instead, the learned Magistrate forwarded the complaint to the Kattoor Police Station under Sec. 156 (3) Cr. P. C. for investigation. That is how the above crime came to be registered. The matter is still in crime stage. The police after investigation may file a refer report or may file a charge-sheet. Even when the police file a charge-sheet, it is only when the Magistrate after applying his judicial mind takes cognizance of the offences and issues process to the petitioner, can the petitioner be said to be aggrieved, if after going through the averments in the complaint or in the charge-sheet the alleged offences are not made out. Hence, it is premature for the petitioner to assail the investigation pursuant to Annexure-II private complaint. Merely because the 2nd respondent had filed petitions before the Magistrate during investigation it cannot be said that the Magistrate has taken cognizance of the offences. The Magistrate can pass only such orders which are helpful to the complainant at the pre-cognizance stage and no orders can be passed by the Magistrate so as to even remotely indicate that the magistrate has taken cognizance of the offence. In case, the magistrate takes cognizance of the offence and issues process against the petitioner, the petitioner can assail the same before the appropriate court on the grounds which are available in law. Reserving this right of the petitioner this Crl. M. C. is dismissed. Registry shall communicate this order to the J. F. C. M. , irinjalakkuda for information and compliance.