P E THOMAS Vs. STATE OF KERALA

JUDGEMENT

(1.) ORDER :-

(2.) THE petitioner wants this Court to give a direction to the Judicial Magistrate of the First Class III, Punalur, to take Annexure-II complaint on file and proceed with the same in accordance with law. THE petitioner filed a complaint as CMP No. 2009 of 1999 before the Judicial Magistrate of the First Class III, Punalur, against one B.V. Jyothi Babu and certain others employed in the Pathanapuram Taluk Office alleging offences under Ss. 420, 323, 327, 506, 392, 307, and 120B read with S. 34, IPC and also under Ss. 7 and 11 of the Prevention of Corruption Act. In the petition it is stated that on 29-4-1999 the learned Magistrate gave back the complaint to the petitioner on the ground that since there were allegations in the complaint regarding commission of the offences punishable under the Prevention of Corruption Act also, the Magistrate had no jurisdiction to take cognizance of the offences. THEreafter the petitioner filed a complaint in the Court of the Judicial Magistrate of the First Class, Punalur, alleging commission of the offences punishable only under the Indian Penal Code. THE petitioner has also filed a complaint as C.M.P. No. 263 of 1999 in the Court of the Enquiry Commissioner and Special Judge Thiruvananthapuram against B.V. Jyothi Babu and others alleging commission of the offences under the Prevention of Corruption Act. According to the petitioner, the complaint was forwarded to the police for investigation. Now the petitioner says that the complaint filed by him in the Court of the Judicial Magistrate of the First Class III, Punalur, was not received by the Magistrate and it was returned by saying that such a complaint would not be entertained in his Court. What the petitioner now wants is to give a direction to the above Magistrate to receive to the file of his Court the above complaint.