Vijayan vs State Of Kerala
2021 Latest Caselaw 2655 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                          PRESENT

            THE HONOURABLE MR.JUSTICE V.G.ARUN

 FRIDAY, THE 22ND DAY OF JANUARY 2021 / 2ND MAGHA, 1942

                 WP(C).No.28730 OF 2020(M)


PETITIONER/S:

           VIJAYAN
           AGED 60 YEARS
           S/O. NANU, MYTHANATHUVEEDU HOUSE, KALLELI
           MURI, KALLELI BAGAM, KARUNAGHAPPALLI THALUK,
           KOLLAM-690 519

           BY ADVS.
           SRI.ALEX.M.SCARIA
           SRI.A.J.RIYAS
           SMT.M.M.GRACY
           SMT.SARITHA THOMAS
           KUM.PAVAN ROSE JOHNSON

RESPONDENT/S:

     1     STATE OF KERALA
           REPRESENTED BY THE HOME SECRETARY, GOVERNMENT
           SECRETARIAT, THIRUVANANTHAPURAM-695 001

     2     THE STATE POLICE CHIEF OF KERALA POLICE,
           POLICE HEAD QUARTERS, THIRUVANANTHAPURAM-695
           001


OTHER PRESENT:

           PP T.R.RENJITH

     THIS WRIT PETITION (CIVIL) HAVING COME UP        FOR
ADMISSION ON 22.01.2021, THE COURT ON THE SAME        DAY
DELIVERED THE FOLLOWING:
 WP(C).No.28730 OF 2020(M)

                                    -2-



                                JUDGMENT

Dated this the 22nd day of January, 2021

The petitioner alleges that he was falsely

implicated in Crime No.466 of 2020 of

Karunagapally Police Station, alleging offences

punishable under Sections 447, 294B, 506(1), 323

and 324 of IPC along with Section 3(1) (r) and

(s) of the SC/ST Prevention of Atrocities

(Amendment) Act, 2015.

2. According to the petitioner,

registration of the crime is the result of a

conspiracy between the Police officials and a

rival petrol bunk operator. Highlighting his

grievances, petitioner has filed Ext.P2

representation before the Director General of

Police.

3. The learned Counsel for the petitioner WP(C).No.28730 OF 2020(M)

submits that the petitioner would be satisfied

with the direction to the Director General of

Police to look into the grievances highlighted

in Ext.P2.

4. The learned Public Prosecutor submits

that the matter was enquired into and the

allegations found to be false.

In any event, the petitioner having

submitted a representation before the Director

General of Police, the same is liable to be

considered, provided Ect.P2 is received at the

office of the Director General of Police and is

still pending without consideration.

The writ petition is disposed of as above.

Sd/-

V.G.ARUN JUDGE

Scl/22.01.2021 WP(C).No.28730 OF 2020(M)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 BAIL ORDER DATED 14.09.2020, IN CRL M.P.128/2020 ON THE FILES OF SPECIAL JUDGES COURT, FOR SC/ST CASES,KOTTARAKKARA

EXHIBIT P2 REPRESENTATION DATED 04.09.2020SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT FOR A DETAILED INVESTIGATION REGARDING THE CRIMINAL CONSPIRACY BEHIND THE REGISTRATION OF CRIME AGAINST THE PETITIONER

EXHIBIT P3 TRUE COPY OF THE REPRESENTATION DATED 04.09.2020 BEFORE THE HONOURABLE CHIEF MINSTER OF KERALA

EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED 04.09.2020 BEFORE THE HONOURABLE HUMAN RIGHTS COMMISSION

EXHIBIT P5 TRUE COPY OF THE POSTAL RECEIPTS IN A SET EVIDENCING THE SENDING OF EXHIBIT P2 TO P4

EXHIBIT P6 TRUE COPY OF THE TRACK REPORT SECURED FROM THE OFFICIAL WEBSITE OF THE INDIA POST IN RESPECT OF THE DELIVERY OF THE EXHIBIT P2

EXHIBIT P7 TRUE COPY OF THE TRACK REPORT SECURED FROM THE OFFICIAL WEBSITE OF THE INDIA POST IN RESPECT OF THE DELIVERY OF THE EXHIBIT P3

EXHIBIT P8 TRUE COPY OF THE TRACK REPORT SECURED FROM THE OFFICIAL WEBSITE OF THE INDIA WP(C).No.28730 OF 2020(M)

POST IN RESPECT OF THE DELIVERY OF THE EXHIBIT P4