K. Gangadharan Nair vs Sylaiman @ Abdul Salam and Others

M. Sasidharan Nambiar, J.—This petition is filed under Article 226 of Constitution of India for a writ of mandamus commanding the Investigating Officer to file a final report after conducting investigation in Exhibit P1 FIR in Crime No. 116/2005 of Mannarkkad Police Station.

In view of the allegation raised by the petitioner that case is not being properly investigated, a report was called for from Judicial First Class Magistrate, Mannarkkad. Report of the Magistrate shows that based on a complaint, sent for investigation u/s 156(3) of Code of Criminal Procedure, Crime No. 116/2005 of Mannarkkad Police Station was registered for the offences under Sections 465, 468, 417 and 420 read with Section 149 of Indian Penal Code and during investigation, it was revealed that in respect of the same allegations Crime No. 117/2003 of Nattukal Police Station is being investigated and the place of occurrence of the alleged incident is within the jurisdiction of Nattukal Police Station and subsequently, a report was submitted by the Investigating Officer, which was accepted by the learned Magistrate as ''further action dropped report'' R.C. No. 340/2005. It is also reported that final report has been submitted in Crime No. 117/2003, which was taken cognizance for the offences under Sections 120B, 457, 380, 419, 468 and 471 read with Section 34 of Indian Penal Code. It is reported by the learned Magistrate that final report specifically mention that petitioner herein and his uncle were cheated by the accused in those cases.

Learned Counsel appearing for the petitioner submitted that petitioner was unaware of the acceptance of further action dropped report by the learned Magistrate. In such circumstances, Judicial First Class Magistrate, Mannarkkad is directed to issue notice to the petitioner/defacto complainant on further action dropped report, if it was accepted without notice to the petitioner and pass fresh order on the report, after hearing the petitioner, in accordance with law.

Petition is disposed.