1. This is a petition filed under Art.227 of the Constitution of India by the de facto complainant in Crime No. 497/02 of Aluva Police Station. The case of the petitioner is that the case was registered after the petitioner filed a complaint before the learned Magistrate and it was forwarded to the Police for investigation under S.156 (3) of Cr. P.C. and though the refer report submitted by the Police was accepted by the learned Magistrate, no notice was served on him and therefore the acceptance of the final report without notice to the petitioner is illegal and therefore this court has to issue a writ of mandamus directing the first respondent to issue a notice to the petitioner as provided under S.173 (2) of Code of Criminal Procedure .

2. As per order dt. 8. 4. 2005 this court called for the report from the learned Judicial First Class Magistrate-I, Aluva as to whether a refer report has .been filed and whether a notice has been issued to the complainant petitioner before accepting the same and wheth