Kerala High Court
Anvar Sadiq vs State Of Kerala on 5 August, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
THURSDAY, THE 5TH DAY OF AUGUST 2021 / 14TH SRAVANA, 1943
WP(C) NO. 14763 OF 2021
PETITIONER/S:
ANVAR SADIQ,
AGED 39 YEARS
S/O.ABOOBAKKER, KANAMKUNNATHU HOUSE, KOZHIKODE TALUK,
KETTANGAL NITPO, REC KOZHIKODE DISTRICT, PIN-673 005.
BY ADVS.
M.B.SHYNI
RAJESH KUMAR R.
V.R.ANILKUMAR
PAREETH LUTHUFIN K.B.
RAMEES P.K.
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY SECRETARY, HOME DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM, PIN-695 001.
2 THE STATION HOUSE OFFICER, KUNNAMANGALAM POLICE STATION,
KUNNAMANGALAM P.O., KOZHIKODE DISTRICT, PIN-673 571.
3 THE COMMISSIONER OF POLICE,
KOZHIKODE CITY, PALAYAM, KOZHIKODE, PIN-673 004.
4 THE DIRECTOR GENERAL OF POLICE,
STATE POLICE HEADQUARTERS, VELLAYAMBALAM CITY,
THIRUVANANTHAPURAM, PIN-695 010.
W.P.(C) No.14763 of 2021
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5 DEPUTY SUPERINTENDENT OF POLICE,
CRIME BRANCH, KOZHIKODE, RAM MOHAN ROAD, PUTHIYARA P.O.,
KOZHIKODE, PIN-673 004.
OTHER PRESENT:
SRI.C.S.HRITHWIK, SR PP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.14763 of 2021
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JUDGMENT
Dated this the 5th of August 2021
The petitioner is the de facto complainant in Crime
No.28/2021 of Kunnamangalam Police Station for offences
punishable under Sections 143, 144, 452, 342, 323, 324 and
308 read with Section 149 of the I.P.C. against the accused
persons. The petitioner states that proper investigation
has not been conducted by the 2nd respondent, and
therefore, he seeks interference of this Court to direct
respondents 3 and 4 to hand over the investigation of the
crime to the 5th respondent-Deputy Superintendent of
Police, Kozhikode.
2. The learned Public Prosecutor submits that one of
the accused has already been arrested and investigation is
proceeding in a proper manner.
3. The learned Counsel for the petitioner submits
that the person, who was arrested, was not apprehended by
the investigating officer, but by the local people, who had
handed over him to the police and the police are not taking
any earnest effort for arresting the rest of the accused.
W.P.(C) No.14763 of 2021
4. It is the Circle Inspector of Police,
Kunnamangalam, who is presently investigating the crime.
The investigation shall be expedited and completed within a
period of four months. The 3rd respondent-Commissioner of
Police, Kozhikode shall direct the Deputy Superintendent of
Police concerned to monitor the investigation that is being
conducted by the Circle Inspector of Police, Kunnamangalam
and see that the offenders are apprehended and the final
report filed as expeditiously as possible. With these
observations, the Writ Petition is disposed of.
Sd/-
ASHOK MENON
JUDGE
dkr
W.P.(C) No.14763 of 2021
APPENDIX OF WP(C) 14763/2021
PETITIONER EXHIBITS
Exhibit P1 COPY OF THE FIRST INFORMATION REPORT IN CRIME
NO.28/2021 KUNNAMANGALAM POLICE STATION.
Exhibit P2 COPY OF THE DISCHARGE SUMMARY ISSUED TO THE
PETITIONER BY THE DEPARTMENT OF EMERGENCY
MEDICINE, KMCT MEDICAL COLLEGE HOSPITAL,
MUKKAM DATED 09.01.2021.
Exhibit P3 COPY OF THE DISCHARGE SUMMARY ISSUED TO
AYISHA, THE MOTHER OF THE PETITIONER BY THE
DEPARTMENT OF EMERGENCY MEDICINE, KMCT MEDICAL
COLLEGE HOSPITAL, MUKKAM DATED 09.01.2021.
Exhibit P4 COPY OF THE DISCHARGE SUMMARY ISSUED TO RUSLA,
WIFE OF THE PETITIONER BY THE DEPARTMENT OF
EMERGENCY MEDICINE, KMCT MEDICAL COLLEGE
HOSPITAL, MUKKAM DATED 09.01.2021.
Exhibit P5 COPY OF THE DISCHARGE SUMMARY ISSUED TO AYISHA
HAMSA, DAUGHTER OF THE PETITIONER BY THE
DEPARTMENT OF EMERGENCY MEDICINE, KMCT MEDICAL
COLLEGE HOSPITAL, MUKKAM DATED 09.01.2021.
Exhibit P6 COPY OF THE DISCHARGE SUMMARY ISSUED TO
FATHIMA NASHWA, THE DAUGHTER OF THE PETITIONER
BY THE DEPARTMENT OF EMERGENCY MEDICINE, KMCT
MEDICAL COLLEGE HOSPITAL, MUKKAM DATED
09.01.2021.
Exhibit P7 COPY OF THE REPRESENTATION DATED 11.02.2021
SUBMITTED TO THE 3RD RESPONDENT.
Exhibit P8 COPY OF THE REPRESENTATION DATED 11.02.2021
SUBMITTED TO THE 4TH RESPONDENT.
