Nizamudeen vs The District Police Chief
2021 Latest Caselaw 7753 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                THE HONOURABLE MR. JUSTICE P.SOMARAJAN

     FRIDAY, THE 05TH DAY OF MARCH 2021 / 14TH PHALGUNA, 1942

                      WP(C).No.10461 OF 2020(G)


PETITIONER:

               NIZAMUDEEN, 49 YEARS,
               S/O. ABUBAKKER KUNJU, MUNEER MANZIL, PANAVILLA
               LAKSHAM VEEDU COLONY, UMAYANALOOR P.O.,
               KOTTIYAM, KOLLAM DISTRICT 691 020.

               BY ADV. SRI.MANU RAMACHANDRAN

RESPONDENTS:

      1        THE DISTRICT POLICE CHIEF,
               RURAL POLICE OF KOLLAM, KOTTARAKARA,
               KOLLAM DISTRICT 691 506.

      2        THE DEPUTY SUPERINTENDENT OF POLICE,
               SUB DIVISION OF PUNALUR, KOLLAM DISTRICT 691 305.

      3        THE STATION HOUSE OFFICER,
               POLICE STATION OF THENMALA,
               KOLLAM DISTRICT 691 308.

      4        THOUFEEK, AGED 23 YEARS,
               S/O. ABDUL SALAM, THEKKEVEETTIL (H), P.K. JUNCTION,
               MUKATHALA MURI, THAZHUTHALA VILLAGE,
               KOLLAM DISTRICT 691 571.

               R1-3 PUBLIC PROSECUTOR SRI.E.C.BINEESH



     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD            ON
05.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.10461 OF 2020(G)              2




                                JUDGMENT

The entire CD is produced. The accident

spot is seen located on the southern extremity

of the road having a width of 6.88 metres,

without collecting any scientific evidence with

respect to existence of tyre marks and the

location of vehicle after the incident. No

photographs were taken showing the location of

the vehicle after the accident. But the crime

was registered against the rider who died in the

alleged incident during the course of transit to

the hospital. The accident spot is located

based on a 160 statement given by an alleged

witness without taking the motor vehicle

inspection report, the place where vehicles were

stationed after the incident and without

conducting a scientific enquiry regarding the

existence of tyre marks. A final report is seen

submitted in a clandestine manner which would

prima facie show that it is only an eye wash.

Hence, there will be a direction to conduct

proper investigation by a senior officer under

the supervision of first respondent and it shall

be completed as expeditiously as possible,

preferably within a time schedule of three

months. The representation submitted by the

petitioner may also be perused for that purpose.

Writ petition is allowed accordingly.

Sd/-

P.SOMARAJAN

JUDGE

msp

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 THE TRUE COPY OF THE FIR IN CRIME NO.

781/2019 OF POLICE STATION OF THENMALA, KOLLAM DISTRICT.

EXHIBIT P2 THE TRUE COPY OF THE REPRESENTATION DATED 28/01/2020 ALONG WITH THE POSTAL RECEIPT OF TH SAME DATE.

EXHIBIT P3 THE TRUE COPY OF THE SCENE MAHASAR IN CRIME NO. 781/2019 OF POLICE STATION OF THENMALA, KOLLAM DISTRICT.

EXHIBIT P4 THE TRUE COPY OF THE PHOTOGRAPHS OF THE SWIFT CAR BEARING REGISTRATION NO. KL-26- 9989 AND PICKUP VAN BEARING REGISTRATION NO. TN-76-AK-6724 AFTER ACCIDENT.

EXHIBIT P5 THE TRUE COPY OF THE PHOTOGRAPH SHOWING THE PLACE OF OCCURRENCE IN EXT. P1 FIR.

RESPONDENTS EXHIBITS:NIL

//TRUE COPY//

P.A.TO JUDGE