O R D E R

This Crl.M.C is filed to quash the proceedings in C.C.No.328/2018 on the file of the Temporary Judicial First Class Magistrate Court - III, Kollam arising from Crime No. 1280/2014 of Kollam West Police Station.

2. It is a protest complaint filed by the 2^nd respondent aggrieved by the investigation conducted by the police. Admittedly, the police registered a case and after the investigation, the police referred the matter as evident by Annexure C. Aggrieved by the same, Annexure D protest complaint is filed. Annexure E is the extract of proceedings in CMP No.4828/2017 in which the order taking cognizance was mentioned. The order taking cognizance dated 14.05.2018 mentioned in Annexure E is extracted hereunder:

“Perused case records and the sworn statement of complaint other witnesses. I am satisfied that there are sufficient grounds for proceeding against the accused persons. Hence complaint is taken on file as CC 328/2018 U/s.447, 427, 379, 506(i) R/w. Section 34 IPC. Issue summons to A1 to A6. Return of summons to

10/11/2018.”

3. A perusal of the above order would not show that learned Magistrate considered the refer report while taking cognizance. This Court in Parameshwara