ORDER

This criminal miscellaneous case is filed to quash the proceedings in C.C.No.757/2017 on the file of the Judicial First Class Magistrate Court, Kalady. It is a protest complaint filed by the 2nd respondent. Annexure-A6 is the protest complaint. According to the petitioners, the Police investigated the same set of facts and filed a refer report, as evident by Annexure-A4. The grievance of the petitioners is that, without considering the refer report, the learned Magistrate had taken cognizance based on Annexure-A6.

2. Heard the learned counsel for the petitioners Adv.Joseph George and the learned counsel for the 2nd respondent.

3. After hearing both sides, I am of the considered opinion that the learned Magistrate ought to have considered the refer report while taking cognizance based on Annexure-A6.

There is nothing to show that, the learned Magistrate, while taking cognizance based on Annexure-A6, considered the refer report.

4. This Court in Parameshwaran Nair v. Surendran [ 2009 (1) KLT 794 ] considered this point in detail. The relevant portion of the above judgment is extracted hereunder:

“12. If the original complaint stood dismissed by the acceptance of the refer report sub