ORDER

The petitioner is the accused in C.C. No. 1024/2016 on the file of the Judicial Magistrate of First Classs-VIII, Ernakulam. In the aforesaid case, he is facing prosecution for the offense punishable under Sections 294 (b), 341, and 323 of the IPC . The aforesaid case has arisen from Crime No. 61/2014 of the Maradu Police Station.

2. After the submission of the final report in the above case, a petition was submitted by the father of the petitioner before the Superior Police Officers seeking further investigation on the premise that the petitioner was falsely implicated. Pursuant to the same, a refer report was submitted before the learned Magistrate. In the refer report, the investigating officer mentioned that as against the petitioner herein, the only offense made out is under Section 323 of the IPC , and the same being non-cognizable, no FIR could have been validly registered. On receipt of the refer report, notice was issued to the 2nd respondent to ascertain whether he has any objection in accepting the refer report. While the proceedings were pending as aforesaid, the case was transferred to the Judicial Magistrate of the First Class VIII- Ernakulam. The learned Magist