A magistrate taking cognizance based on a protest complaint must consider the refer report filed by the police and pass a speaking order, the High Cout of Kerala observed in Anilkumar v. State of Kerala and Anr [2026: KER:772].
That means, while taking cognizance of an offence based on a private complainant, especially one filed as a protest complaint against a refer report filed by the police, the Magistrate shall take into consideration the refer report as well. And, it should be a speaking order, containing the materials justifying the order taking cognizance.
In arriving at this decision, the High Court referred to the precedents in Parameswaran Nair v. Surendran [2009 (1) KLT 794] and C.R. Chandran v. State of Kerala [ILR 2024 (3) Ker. 245].
