IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
WEDNESDAY, THE 6TH DAY OF JULY 2022 / 15TH ASHADHA, 1944
WP(C) NO. 8584 OF 2021
PETITIONER/S:
C.L.VARGHESE
AGED 60 YEARS
S/O. C.V.LONAPPAN, CHEERAN HOUSE, NEAR ADATTU
PANCHAYAT OFFICE, ADATTU ROAD, PURANATTUKARA
P.O., THRISSUR DISTRICT, PIN-680551.
BY ADVS.
DINESH MATHEW J.MURICKEN
SMT.SREELAKSHMI R.
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY SECRETARY (HOME DEPARTMENT),
SECRETARIAT, PALAYAM P.O., THIRUVANANTHAPURAM
DISTRICT, PIN-695001.
2 THE SECRETARY TO HOME,
HOME DEPARTMENT, SECRETARIAT, PALAYAM P.O.,
THIRUVANANTHAPURAM DISTRICT, PIN-695001.
3 THE DEPUTY SUPERINTENDENT OF POLICE,
OFFICE OF THE DEPUTY SUPERINTENDENT OF POLICE,
THRISSUR ROAD, KUNNAMKULAM P.O., THRISSUR
DISTRICT, PIN-680503.
4 THE STATION HOUSE OFFICER,
KUNNAMKULAM POLICE STATION, THRISSUR ROAD,
KUNNAMKULAM P.O., THRISSUR DISTRICT, PIN-680503.
5 USHA BENNY,
W/O. DR. P.O.BENNY, PULIKKOTTIL HOUSE, NORTH
BAZAR, KUNNAMKULAM P.O., THRISSUR DISTRICT, PIN-
680503.
6 LAILA DENNY,
W/O. P.O.DENNY, PULIKKOTTIL HOUSE, WEST BAZAR,
KUNNAMKULAM P.O., THRISSUR DISTRICT, PIN-680503.
7 P.O.JENNY,
S/O. P.I.UKKURU, PULIKKOTTIL HOUSE, WEST BAZAR,
KUNNAMKULAM P.O., THRISSUR DISTRICT, PIN-680503.
8 DR. P.O.BENNY,
S/O. P.I.UKKURU, PULIKKOTTIL HOUSE, NORTH BAZAR,
WP(C) No. 8584 of 2021
-: 2 :-
KUNNAMKULAM P.O., THRISSUR DISTRICT, PIN-680503.
9 P.O.DENNY,
S/O. P.I.UKKURU, PULIKKOTTIL HOUSE, WEST BAZAR,
KUNNAMKULAM P.O., THRISSUR DISTRICT, PIN-680503.
10 AKHIL UKKURU,
S/O. P.O.DENNY, PULIKKOTTIL HOUSE, WEST BAZAR,
KUNNAMKULAM P.O., THRISSUR DISTRICT, PIN-680503.
11 P.V.VENKITAKRISHNAN,
RAGHAVATH MADOM, PORKKULAM P.O., THALAPPILLI
TALUK, THRISSUR DISTRICT, PIN-680542.
12 K.A.SHAJI,
S/O.ANTHONY, PUTHOOR HOUSE, PATTAMBI ROAD,
KUNNAMKULAM P.O., THRISSUR DISTRICT, PIN-680503.
ADV.HRITHIK-SR PP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 06.07.2022, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
WP(C) No. 8584 of 2021
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JUDGMENT
The petitioner who is the defacto complainant in Crime No.789/2010 of Kunnamkulam Police Station has approached this Court for the following reliefs. "i) issue a writ of mandamus or any other appropriate writ or direction to the 4th respondent to complete the further investigation as directed in Exhibit P5 order and submit report within 2 months.
ii) issue a writ of mandamus or any other appropriate writ or direction to the 4th respondent to consider Exhibit P6 complaint and to pass appropriate orders.
iii) grant such other reliefs which this Honourable Court may deem fit and proper in the circumstances of the case."
2. The grievance of the petitioner is that, no proper investigation is being conducted in the said crime. The crime was registered against the respondents 2 to 12 in this writ petition, for the offences punishable under Section 420, 465, 468, 471 read with Section 34 of IPC. Ext.P1 is the complainant submitted by the petitioner and Ext.P2 is the FIR WP(C) No. 8584 of 2021
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registered by the police.
3. After completing the investigation, the 4th respondent submitted a final report vide Ext.P3, referring the case. Subsequently, the petitioner submitted an application for further investigation under Section 173(8) of Cr.P.C which was allowed by the Judicial First Class Magistrate Court, Kunnamkulam as per Ext.P5 order. The aforesaid order was passed on 09.08.2016, and the grievance of the petitioner is that, even after expiry of several years no proper investigation is being conducted.
4. On the other hand, learned Public Prosecutor upon instructions submits that, the investigation got delayed as the petitioner did not cooperate with the investigation. It was submitted that, eventhough the petitioner was asked to appear before the Investigation Officer to give statement before him, he did not appear. It was also pointed out that the relevant documents for establishing the offences were also not produced WP(C) No. 8584 of 2021
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by him.
5. However, it is submitted by the learned Public Prosecutor that, the investigation can be completed very soon if there is proper cooperation from the part of the petitioner.
After considering the facts and circumstances of the case, I am inclined to disposed of this writ petition directing the Investigation Officer, to conduct a fair and reasonable investigation and complete the same as expeditiously as possible at any rate within a period of four months from the date of receipt of a copy of this judgment. It is further directed that, the petitioner herein shall cooperate with the investigation by making himself available before the Investigation Officer and produce documents which are in his possession in support of his contention.
Sd/-
ZIYAD RAHMAN A.A JUDGE rpk WP(C) No. 8584 of 2021
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APPENDIX OF WP(C) 8584/2021 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, KUNNAMKULAM AS CRL.M.P.NO.5200/2010 DATED 26.6.2010. EXHIBIT P2 TRUE COPY OF THE FIR IN CRIME NO.789/2010 OF KUNNAMKULAM POLICE STATION DATED 29.6.2010.
EXHIBIT P3 TRUE COPY OF THE FINAL REPORT IN CRIME NO.789/2010 OF KUNNAMKULAM POLICE STATION DATED 31.10.2014.
EXHIBIT P4 TRUE COPY OF THE APPLICATION FILED UNDER SECTION 173(8) OF THE CODE OF CRIMINAL PROCEDURE BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, KUNNAMKULAM IN CRL.M.P.NO.5200/2010.
EXHIBIT P5 TRUE COPY OF THE ORDER IN CRL.M.P.NO.3036/2016 IN R.C.NO.301/2015 PASSED BY THE JUDICIAL FIRST CLASS MAGISTRATE COURT, KUNNAMKULAM DATED 9.8.2016.
EXHIBIT P6 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DATED 31.12.2020.