Kerala High Court
K.Swarnamma vs State Of Kerala on 26 March, 2021
WP(C)No.25486/2020 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
FRIDAY, THE 26TH DAY OF MARCH 2021 / 5TH CHAITHRA, 1943
WP(C).No.25486 OF 2020(I)
PETITIONERS:
1 K.SWARNAMMA
AGED 64 YEARS
W/O. L.BABU, SWARNALAYAM, THAZHAM SOUTH,
CHATHANNOOR P.O, KOLLAM - 691572.
2 PHILOSE B.S
AGED 38 YEARS
D/O. L. BABU, SWARNALAYAM, THAZHAM SOUTH,
CHATHANNOOR P.O, KOLLAM - 691572.
BY ADVS.
SRI.VISHNU BHUVANENDRAN
SMT.B.ANUSREE
SMT.ANJITHA MARIA SUNNY
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY HOME DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
KERALA - 695001.
2 THE STATE POLICE CHIEF
VAZHUTHAKAD, THIRUVANANTHAPURAM - 695014.
3 THE SUPERINTENDENT OF POLICE KOLLAM
ASHRAMAM ROAD, ASHRAMAM, KOLLAM - 691001,
4 THE STATION HOUSE OFFICER,
CHATHANNOOR POLICE STATION, KOLLAM - 691572.
R1-4 BY GOVERNMENT PLEADER SRI.RAMESH CHAND
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
26.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C)No.25486/2020 2
JUDGMENT
Based on the directions issued by this Court, two
reports were submitted after verifying the hard disk
attached to the computer operated in the police station
and two laptops which were used for developing the CD
pages.
2. I have gone through the report. The prayers in
the writ petition are as follows:
i) Issue a writ of mandamus or any
other appropriate writ,direction or
order, directing the 2 nd
respondent to
hand over the investigation in Crime
No.753/2019 of the Chathannoor Police
Station, Kollam City to the State Crime
branch;
ii)Issue a writ of mandamus or any
other appropriate writ, direction or
order, directing the 2nd respondent to
consider Exhibit P7 representation
within a time frame fixed by this
honourable court.
iii) issue a writ of mandamus
directing the respondents 2 and 3 to
order for a further investigation or re-
investigation in Crime No.753/2019 of
the Chathannoor Police Station, Kollam
City by some other agency under the 2nd
respondent.
(iv) to issue such other reliefs as
this Honourable Court may deem fit and
proper in the circumstances of this
case."
3. A mere perusal of the CD would prima facie
reveal several lacunas, discrepancies and
inconsistencies. After investigation final report was
submitted. The CD reveals that there is a re-shuffling
of the entire CD file, which is well evident from the
fact that the CD pages are not in order. There is a
repetition of three consecutive CD pages without
disclosing any specific purpose or investigation
conducted. The entry made in the three CD consecutive
pages are one and the same, but with different dates
without doing any particular act. Since there are so
many defects, lacunas and inconsistencies, it is fit
and proper to direct the District Crime Branch to take
over the investigation and to conduct further
investigation. Before handing over the CD, the police
officer concerned shall re-arrange it in its original
position.
The Writ Petition is allowed accordingly.
Sd/-
P.SOMARAJAN
SV JUDGE
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE FIR DATED 08.12.2019
EXHIBIT P2 THE TRUE COPY OF THE LETTER DATED
08.12.2019 SUBMITTED BY THE 2ND PETITIONER
TO THE 4TH RESPONDENT
EXHIBIT P3 TRUE COPY OF THE COMPLAINT SUBMITTED BEFORE
THE CHIEF MINISTER DATED 30.09.2020
EXHIBIT P4 TRUE COPY OF THE COMPLAINT SUBMITTED BEFORE
THE 2ND RESPONDENT DATED 02.01.2020
EXHIBIT P5 TRUE COPY OF THE COMMUNICATION OF THE 4TH
RESPONDENT TO THE ASSISTANT COMMISSIONER
CHATHANOOR
EXHIBIT P6 TRUE COPY OF THE COMPLAINT SUBMITTED BEFORE
THE 2ND RESPONDENT DATED 07.03.2020
EXHIBIT P7 TRUE COPY OF THE REPRESENTATION SUBMITTED
BEFORE THE 2ND RESPONDENT DATED 30.09.2020
EXHIBIT P8 THE TRUE COPY OF THE PHOTOGRAPHS OF THE VEHICLES
INVOLVED IN THE INCIDENT.
/TRUE COPY/
Sd/-
P.S.TO JUDGE
