K.P.Lawrance @ Roy vs State Of Kerala
2021 Latest Caselaw 3164 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                THE HONOURABLE MR. JUSTICE P.SOMARAJAN

     THURSDAY, THE 28TH DAY OF JANUARY 2021 / 8TH MAGHA, 1942

                      WP(C).No.21691 OF 2019(J)


PETITIONER:

               K.P.LAWRANCE @ ROY
               AGED 58 YEARS
               S/O. K. J. PETER, KAPPITHANPARAMBIL HOUSE,
               H NO.1/361, PRINCE STREET, FORT KOCHI - 682 001,
               NOW RESIDING AT KAPPTHANPARAMBIL HOUSE, KONIKKARA,
               CHULLIKKAL, NEAR PUBLIC LIBRARY, KOCHI.

               BY ADVS.
               SRI.T.ASAFALI
               SMT.M.A.SULFIA
               SRI.ABDUL JALEEL.A

RESPONDENTS:

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

      2        THE STATE POLICE CHIEF
               POLICE HEAD QUARTERS, THIRUVANANTHAPURAM, PIN - 695
               001.

      3        THE DISTRICT POLICE CHIEF
               KOCHI CITY, REVENUE TOWER, ERNAKULAM - 682 032.

      4        THE SUB-INSPECTOR OF POLICE/SHO
               FORT KOCHI POLICE STATION, FORT KOCHI, ERNAKULAM -
               682 001.

      5        DYSP
               CBCID (EOW), OFFICE OF THE CBCID, JAWAHARLAL NEHRU
               STADIUM, KALOOR, PALARIVATTAM P.O., ERNAKULAM - 682
               025.

               R1-5 BY ADV.SRI.E.C.BINEESH, PUBLIC PROSECUTOR

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD            ON
28.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.21691 OF 2019(J)

                                   2




                            JUDGMENT

Inter alia seeking direction to hand over

investigation to Crime Branch on the ground that

the subject matter of the crime, a title deed,

alleged to have been fabricated so far not

seized and collected by the investigation agency

for the purpose of sending the same for expert

opinion as to the person who had executed the

same, the petitioner came up. It is submitted

that the original document was seized and taken

even prior to the order passed by this court on

11/3/2020. But instead of sending the document

for expert opinion, the extract of thump

impression register kept in the sub-registry

alone was forwarded. Hence there will be a

direction to send the said document for expert

opinion. The investigating officer shall submit

a report of the progress of the investigation on

every two months before the concerned Magistrate

with a copy to the counsel appearing for the WP(C).No.21691 OF 2019(J)

defacto complainant till the completion of final

report.

The Writ Petition is disposed of

accordingly.

Sd/-

P.SOMARAJAN JUDGE SPV WP(C).No.21691 OF 2019(J)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE REGISTERED WILL NO.

30/1992 OF SRO, MATTANCHERRY.

EXHIBIT P2 TRUE COPY OF DOCUMENT NO. 2171/1998 REGISTERED AT SRO, MATTANCHERRY.

EXHIBIT P3 TRUE COPY OF CRL.MP NO.1714/2018 FILED BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, MATTANCHERRY.

EXHIBIT P4 TRUE COPY OF THE FIR IN CRIME NO.1031/2018 OF FORT KOCHI POLICE STATION.

EXHIBIT P5 TRUE COPY OF THE PETITION SUBMITTED BY ADV.T.A.ANTONY BEFORE THE POLICE.

EXHIBIT P6 TRUE COPY OF THE CMP NO. 3176/2018 FILED BEFORE THE LEARNED JUDICIAL FIRST CLASS MAGISTRATE.

EXHIBIT P7 TRUE COPY OF REPORT DATED 12/06/2019 FILED BY 4TH RESPONDENT.

EXHIBIT P8 TRUE COPY OF APPLICATION DATED 17/06/2019 FILED BY 3RD RESPONDENT SEEKING DIRECTION TO 4TH RESPONDENT.

RESPONDENTS' EXHIBITS: NIL

//TRUE COPY//

PA TO JUDGE