Thankamma P.R. vs The Commissioner Of Police
2021 Latest Caselaw 7084 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                THE HONOURABLE MR. JUSTICE P.SOMARAJAN

     MONDAY, THE 01ST DAY OF MARCH 2021 / 10TH PHALGUNA, 1942

                       WP(C).No.17199 OF 2020(Y)

              CRIME NO.1378/2016 OF MARADU POLICE STATION



PETITIONER:

               THANKAMMA P.R., AGED 62 YEARS,
               W/O.LATE GOPALAKRISHNAN, ODAKKAL HOUSE,
               MANIYAR P.O., VADASSERIKKARA VILLAGE,
               RANNI TALUK, PATHANAMTHITTA DISTRICT, PIN-689662.

               BY ADVS.
               SRI.V.SETHUNATH
               SRI.V.R.MANORANJAN (MUVATTUPUZHA)

RESPONDENTS:

      1        THE COMMISSIONER OF POLICE
               KOCHI CITY POLICE, ERNAKULAM, PIN-682031.

      2        THE INSPECTOR OF POLICE,
               MARADU POLICE STATION, MARADU P.O., PIN-682304.

      3        THE REVENUE DIVISIONAL OFFICER,
               FORT KOCHI-PIN-682001.

      4        THE STATE OF KERALA REPRESENTED BY THE PUBLIC
               PROSECUTOR, HIGH COURT OF KERALA,
               ERNAKULAM, PIN-682031.

               R1-4 BY DIRECTOR GENERAL OF PROSECUTION
               R1-4 BY SRI.SUMAN CHAKRAVARTHY, SENIOR GOVT.PLEADER


               PUBLIC PROSECUTOR SRI.E.C.BINEESH

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD            ON
01.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.17199 OF 2020(Y)          2




                               JUDGMENT

The Investigating Officer already retired from the

service. Prima facie it appears that the investigation

was not conducted properly. There are lacunas and

defects in the investigation. At this juncture, the

learned prosecutor fairly submitted that a further

investigation can be done through some other agency and

suggested District Crime Branch, Ernakulam. Hence,

there will be an order to the District Crime Branch,

Ernakulam to take over the investigation and to conduct

further investigation in the matter irrespective of the

final report already submitted, and it shall be

completed preferably within a period of six months from

today. With that direction, writ petition is allowed

in part accordingly.

Sd/-

P.SOMARAJAN

JUDGE

msp

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 THE TRUE COPY OF THE F.I.R & F.I.S IN CRIME NO.1378/2016 OF MARADU POLICE STATION, DATED 22.10.2016.

EXHIBIT P2 THE TRUE COPY OF THE DEATH CERTIFICATE OF BINULAL DATED 05.12.2016.

EXHIBIT P3 THE TRUE COPY OF THE INQUEST REPORT PREPARED BY THE SUB INSPECTOR OF POLICE, MARADU POLICE STATION.

EXHIBIT P4 THE TRUE COPY OF THE POST MORTEM CERTIFICATE ISSUED BY ASSOCIATE PROFESSOR OF FORENSIC MEDICINE AND DEPUTY POLICE SURGEON, GOVT.MEDICAL COLLEGE, ERNAKULAM DATED 22.10.2016.

EXHIBIT P5 THE TRUE COPY OF THE SCENE MAHAZAR PREPARED BY SUB INSPECTOR, MARADU POLICE STATION DATED 22.10.2016.

EXHIBIT P6 THE TRUE COPY OF THE FINAL OPINION AS TO THE CAUSE OF DEATH PREPARED BY THE PROFESSOR OF FORENSIC MEDICINE AND POLICE SURGEON, GOVT.MEDICAL COLLEGE, ERNAKULAM DATED 28.12.2016.

EXHIBIT P7 THE CERTIFIED COPY OF THE FINAL REPORT PREPARED BY THE SUB INSPECTOR OF POLICE, MARADU POLICE STATION (WITHOUT DATE).

EXHIBIT P8 THE TRUE COPY OF THE APPLICATION GIVEN TO THE 3RD RESPONDENT DATED 15.01.2020.

EXHIBIT P9 THE TRUE COPY OF THE REPLY GIVEN BY THE 3RD RESPONDENT DATED 15.02.2020.

EXHIBIT P10 THE TRUE COPY OF THE REPLY GIVEN BY THE 2ND RESPONDENT DATED 13.02.2020.

EXHIBIT P11 THE TRUE COPY OF THE COMPLAINT DATED NIL GIVEN BEFORE THE HOME MINISTER OF KERALA.

EXHIBIT P12 THE TRUE COPY OF THE CIRCULAR NO.06/2017 IN CATEGORIZATION OF GRAVE CRIMES IN REFERENCE TO EARLIER CIRCULARS, DATED 02.02.2017.