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2025 Supreme(Online)(Ker) 53075

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
SHAHARBAN – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.C.M.MOHAMMED IQUABAL, SMT.THASNEEM A.P., SMT.ANUPAMA R. NAIR, SRI.ISTINAF ABDULLAH, SRI.P.ABDUL NISHAD
For the Respondents: SRI.SREELAL N.WARRIER, SRI.SANGEETHA RAJ N.R.

J U D G M E N T

A private complaint filed by the petitioner before the Magistrate Court was forwarded to the police for investigation under Section 156 (3) of Cr.P.C. The police registered a crime, conducted investigation and filed a refer report. The petitioner has approached this Court by filing the above writ petition challenging the refer report and to give a direction to respondents 1 to 5 to conduct proper investigation on Ext.P3 complaint or to entrust the investigation with any other external agencies.

2. I have heard Sri.C.M. Mohammed Iquabal, the learned counsel for the petitioner and Sri.Sangeetha Raj N.R., the learned Public Prosecutor.

3. Ext.P8 is the refer report. The legal remedy open to the petitioner is to file an objection to the refer report before the learned Magistrate or to prefer protest complaint, as the case may be. The petitioner cannot directly approach this Court to give a direction to respondents 1 to 5 to conduct a proper investigation on Ext.P3 complaint or to entrust the investigation with any external agencies.

Reserving the said liberty, this writ petition stands dismissed.

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