P.K Sagar vs State Of Kerala
2023 Latest Caselaw 5301 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
          THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
    TUESDAY, THE 25TH DAY OF APRIL 2023 / 5TH VAISAKHA, 1945
                    CRL.MC NO. 3429 OF 2023
AGAINST THE ORDER/JUDGMENT RC 34/2023 OF JUDICIAL MAGISTRATE OF
                   FIRST CLASS , KODUNGALLUR
PETITIONER/COMPLAINANT

          P.K SAGAR
          AGED 45 YEARS
          S/O. P.A KUNJUMAMAN
          POYYARA HOUSE, KATTOOR P.O,
          THRISSUR, PIN - 680702

          BY ADVS.
          M.T.SURESHKUMAR
          SREELAKSHMI SABU

RESPONDENT/STATE

          STATE OF KERALA
          REPRESENTED BY PUBLIC PROSECUTOR,
          HIGH COURT OF KERALA, PIN - 682031

          BY SMT.MAYA ANTHARJANAM -    PP


     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
25.04.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.M.C. No. 3429 of 2023
                                     2



                                ORDER

Dated this the 25th day of April, 2023

The petitioner is the defacto complainant in Crime

No.376 of 2022 of Valappad Police Station. Therefore, the

said crime was registered on the basis of a private complaint

submitted by the petitioner before the Judicial First Class

Magistrate, Kodungallur, which was forwarded to the

Valappad Police for investigation under Section 156(3) of the

Cr.P.C. The offences alleged are under Sections 406 and 420

of the Indian Penal Code. The police conducted an

investigation in the said case and submitted a refer charge as

evidenced by Annexure A3 before the jurisdictional court.

2. Being aggrieved by the same, the petitioner

submitted an objection to the refer report, as evidenced by

Annexure A4. However, the aforesaid refer report was

accepted by the learned Magistrate as evidenced by

Annexure A5, without taking note of the objections submitted

by the petitioner. This Crl.M.C. is filed by the petitioner in such

circumstances, contending that the course adopted by the Crl.M.C. No. 3429 of 2023

learned Magistrate was not proper.

3. Heard Sri.M.T. Suresh Kumar, the learned counsel

appearing for the petitioner and Smt.Maya Antharjanam, the

learned Public Prosecutor appearing for the State.

4. The learned Public Prosecutor vehemently opposed

the application.

5. The learned counsel for the petitioner submits that

the petitioner highlighted his objections in detail as per

Annexure A4 and the learned Magistrate ought to have taken

into consideration the same and should have passed a

speaking order with specific reference to the objections.

6. While taking a decision on the question as to whether

the refer report is to be considered or not. Reliance is placed

on the decision rendered by this Court in Parameswaran Nair

v. Surendran and Another [2009 (1) KLT 794].

7. After considering all the relevant aspects, I find some

force in the contention put forward by the learned counsel for

the petitioner.

8. In this case, on going through Annexure A5, it can be

seen that a refer charge is simply accepted without any Crl.M.C. No. 3429 of 2023

reference to the objections raised by the petitioner which is

not proper in the light of the principles laid down by this Court

in Parameswaran Nair (supra).

In such circumstances, I am of the view that

Annexure A5 is liable to be interfered with. In the result, this

Crl.M.C. is allowed. Annexure A5 is set aside and the learned

Magistrate is directed to reconsider the same, and take a

decision as to whether a refer charge is to be accepted or not,

after considering the objections raised by the petitioner as per

Annexure A4 and pass an order. The aforesaid exercise shall

be completed by the learned Magistrate within a period of two

months from the date of receipt of copy of this order.

Sd/-

ZIYAD RAHMAN A.A.

JUDGE smm Crl.M.C. No. 3429 of 2023

APPENDIX OF CRL.MC 3429/2023

PETITIONER ANNEXURES

Annexure A1 TRUE COPY OF THE COMPLAINT BEARING CRL MP NO. 4374 OF 2022 ON THE FILE OF THE JFMC, KODUNGALLUR DATED 11/4/2022

OF 2022 OF VALAPPAD POLICE STATIONREGISTERED ON THE BASIS OF THE ORDERS OF THE LEARNED MAGISTRATE UNDER SECTION 156 (3) CRPC DATED 24/5/2022 Annexure A3 TRUE COPY OF THE NOTICE DATED 18/1/2023 ISSUED TO THE PETITIONER IN CRIME NO. 376 OF 2022 Annexure A4 TRUE COPY OF THE OBJECTIONS SUPPORTED BY AFFIDAVIT AND LIST OF WITNESSES DATED 25/1/2023 Annexure A5 CERTIFIED COPY OF THE ORDER DATED 4/2/2023 IN RC NO. 34 OF 2023 IN CRIME NO. 376 OF 2022 OF VALAPPAD POLICE STATION.