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High CourtsSingle Bench(2010) 09 KL CK 0177

Sindhu R.P. vs The Sub Inspector of Police, The Circle Inspector of Police and Smt. Indu

High Court Of Kerala · Decided on 22 September 2010

HON’BLE JUDGES
Sasidharan Nambiar, J
RESULT
Dismissed
CASE NUMBER
Writ Petition (C) No. 23307 of 2010 (Q)

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Judgment

4 paragraphs · 335 words

M. Sasidharan Nambiar, J.—This petition is filed under Article 226 of Constitution of India to call for the records in C.M.P. No. 3950/2010 on the file of Judicial First Class Magistrate''s Court, Irinjalakuda and to quash the same and to declare that first respondent is not the competent authority to investigate the offence committed under the provisions of Information Technology Act and to issue a writ of mandamus commanding first respondent to hand over the entire file relating to Exhibit P7 FIR registered consequent to forwarding of C.M.P. No. 3950/2010 by the learned Magistrate.

2.

Learned Counsel appearing for the petitioner was heard.

3.

As directed by this Court, Judicial First Class Magistrate, Irinjalakuda forwarded the records in C.M.P. No. 3950/2010 as well as the subsequent protect complaint filed by the petitioner on 22.6.2010. This writ petition was filed only on 23.7.210, subsequent to the filing of the protest complaint before the Magistrate. 4. Learned Counsel appearing for the petitioner submitted that petitioner is not pressing the first relief and is satisfied with the other two reliefs. First relief sought for by the petitioner is to quash C.M.P. No. 3950/2010, based on which Exhibit P5 FIR was registered by the police, on receipt of C.M.P. No. 3950/2010, sent by the Magistrate u/s 156(3) of Code of Criminal Procedure. If the complaint is quashed, entire FIR will go. Whatever it be, after investigation, in Exhibit P5 FIR, a final report was submitted. Before filing the writ petition, petitioner filed a protest complaint C.M.P. No. 7058/2010 before the Magistrate, The final report submitted by the Sub Inspector of Police, which was forwarded along with C.M.P. No. 7058/2010, shows that on receipt of the refer report, notice was issued to the petitioner directing her to appear on 18.09.2010 with the witnesses. Learned Magistrate has already decided to conduct an enquiry u/s 200/202 of Code of Criminal Procedure.

In such circumstances, granting liberty to the petitioner to raise all the contentions before the learned Magistrate, this petition is dismissed.