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Judgment
P.Somarajan, J
The accused came up against the submission of final report in O.R.No.07/2009 of Thamarassery Forest Range, which was taken into file in
C.C.No.106/2018 of JFMC-II, Thamarassery and the summons were issued to the accused. Aggrieved by the final report, and issuance of summons,
the accused came up under Section 482 Cr.P.C., mainly on the reason that the investigation was conducted by an officer having no required
competency and also on the reason that the offence under Section 27 (1)(e) of the Forest Act, (Kerala) 1961 would not stand attracted. Inter alia it is
also contended that no written complaint was submitted so as to enable the court to proceed as against the accused on the alleged offences. The legal
position was very much settled that a final report sometimes would act as a complaint. The defences, if any, available to the party concerned during
the trial stage or at any proper stage of the proceedings shall not be a ground to exhaust the jurisdiction under Section 482 Cr.P.C.. Further this court
cannot usurp the power of the trial court and cannot go into a roving enquiry with respect to the disputed matters. Reserving the right of the petitioner
to take up all these questions at the proper stage, the Crl.M.C. is hereby dismissed.