Masthan Mujeeb Khan vs State Of Kerala
2021 Latest Caselaw 2233 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                  THE HONOURABLE MR.JUSTICE V.G.ARUN

   WEDNESDAY, THE 20TH DAY OF JANUARY 2021 / 30TH POUSHA, 1942

                      WP(C).No.23767 OF 2020(U)


PETITIONER:

               MASTHAN MUJEEB KHAN,
               AGED 56 YEARS
               S/O SHAHUL HAMEED, KALARIKKAL HOUSE, ERATTUPETTA
               P.O.KOTTAYAM DISTRICT, PIN-686 121.

               BY ADVS.
               SRI.JUSTINE JACOB
               SRI.K.S.ARUN KUMAR
               RAJEE P MATHEWS
               SMT.AMRUTHA P S
               SHRI.VIJAY SANKAR V.H.

RESPONDENTS:

      1        STATE OF KERALA
               REPRESENTED BY PRINCIPAL SECRETARY HOME DEPARTMENT,
               GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695
               001.

      2        DISTRICT POLICE CHIEF KOTTAYAM,
               KOTTAYAM DISTRICT, PIN-686 002

      3        STATION HOUSE OFFICER,
               ERATTUPETTA POLICE STATION, KOTTAYAM DISTRICT-686
               121.

               R1-3 BY GOVERNMENT PLEADER



               SR.PP.C.S.HRITHWIK

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 Wpc 23767/2020                       2


                                  V.G.ARUN, J.

             ===========================
                     WP(C)No.23767 of 2020
             ===========================
               Dated this the 20th day of January, 2021

                               JUDGMENT

The petitioner is the defacto complainant at whose instance

Crime No. 1571 of 2019 was registered at Erattupetta Police Station

for offences punishable under Sections 420, 465, 468, 469, 471, 474,

120(B) and 34 of IPC. After investigation, police filed Ext.P4 refer

report.

2. The grievance of the petitioner is that police had filed the refer

report hurriedly, without obtaining the crucial documents referred to in

Ext.P3. If the petitioner is aggrieved by the manner in which

investigation was conducted, the remedy available to him is to file a

protest complaint before the jurisdictional court. Hence, the writ

petition is disposed of granting liberty to the petitioner to submit a

protest complaint, before the jurisdictional court.

Sd/-

V.G.ARUN JUDGE lgk

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE C.M.P NO 2259/2019 DATED 17.10.2019 PRESENTED BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT ERATTUPETTA

EXHIBIT P2 A TRUE COPY OF THE FIR IN CRIME NO 1571/2019 OF ERATTUPETTA POLICE STATION

EXHIBIT P3 A TRUE COPY OF THE REPORT DATED 24.2.2020 IN CRIME NO 1571/2019 OF THE ERATTUPETTA POLICE STATION

EXHIBIT P4 A TRUE COPY OF THE FINAL REPORT DATED 27.2.2020 IN CRIME NO 1571/2019 OF ERATTUPETTA POLICE STATION

EXHIBIT P5 A TRUE COPY OF THE REPRESENTATION OF THE PETITIONER DATED 26.8.2020