Mohammed Basheer Aka Basheer vs The District Police Chief
2021 Latest Caselaw 9074 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                          PRESENT

            THE HONOURABLE MR.JUSTICE V.G.ARUN

  THURSDAY, THE 18TH DAY OF MARCH 2021 / 27TH PHALGUNA,
                           1942

                 WP(C).No.17082 OF 2020(I)


PETITIONER/S:

           MOHAMMED BASHEER AKA BASHEER
           AGED 58 YEARS
           S/O. MUHAMMED @ BAPPU, KIZHAKKEPEEDIKAYIL
           HOUSE, THRIPPANANGODU AMSOM DESOM, TIRUR
           TALUK, MALAPPURAM DISTRICT.

           BY ADV. SRI.SIRAJ KAROLY

RESPONDENT/S:

     1     THE DISTRICT POLICE CHIEF
           MALAPPURAM DISTRICT, MALAPPURAM 676 001

     2     INSPECTOR GENERAL OF POLICE,
           NORTHERN ZONE, KOZHIKODE OFFICE OF THE
           INSPECTOR GENERAL OF POLICE, NADAKKAVU P.O,
           KOZHIKODE 673 001

     3     STATE POLICE CHIEF,
           GOVERNMENT OF KERALA, POLICE HEAD QUARTERS,
           THIRUVANANTHAPURAM 695 001


OTHER PRESENT:

           PP T.R.RENJITH

     THIS WRIT PETITION (CIVIL) HAVING COME UP           FOR
ADMISSION ON 18.03.2021, THE COURT ON THE SAME           DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.17082 of 2020

                                        -2-



                                 JUDGMENT

Dated this the 18th day of March, 2021

Petitioner is the de facto

complainant/victim, at whose instance Crime

No.875 of 2016 was registered at the Tirur Police

Station for offences punishable under Sections

324 and 308 r/w 34 of IPC. After completion of

investigation, the Police filed Ext.P6 charge

sheet for offences under Sections 341 and 324 r/w

34 of IPC. The petitioner is aggrieved by non-

inclusion of Section 307 IPC, despite the

grievous injury suffered by him and the deadly

weapons used by the accused. Yet another

grievance is regarding deletion of one among the

prime accused from the final report.

Highlighting his grievances, the petitioner

preferred Ext.P7 and having failed to evoke any W.P.(C) No.17082 of 2020

response from the respondents, the writ petition

is filed. The petitioner has produced the

wound certificate in support of his claim of

having suffered grievous injuries.

2. Having heard the learned Counsel for the

petitioner and the learned Public Prosecutor, who

submitted that copy of Ext.P7 is not received at

the office of the District Police Chief and

that, the final report was filed long back, I

deem it appropriate to relegate the petitioner

to the jurisdictional Magistrate Court, where the

the final report and supporting materials are

available and hence, better suited to consider

the request for further investigation.

In the result, the writ petition is disposed

of, permitting the petitioner to approach the

jurisdictional Magistrate Court with an

application seeking further investigation. If W.P.(C) No.17082 of 2020

the court has not framed charge and scheduled the

case for trial, the petitioner's application

shall be considered and a reasoned order passed,

as expeditiously as possible.

Sd/-

V.G.ARUN JUDGE

Scl/18.03.2021 W.P.(C) No.17082 of 2020

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE FIR REGISTERED AS CRIME 875/2016 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT 9-10-2016

EXHIBIT P2 TRUE COPY OF THE WOUND CERTIFICATE ISSUED FROM THE GOVERNMENT DISTRICT HOSPITAL, TIRUR DATED 5-10-2016.

EXHIBIT P3 TRUE COPY OF THE WOUND CERTIFICATE ISSUED FROM THE ALMAS HOSPITAL, KOTTAKAL DATED 11-10-2016

EXHIBIT P4 TRUE COPY OF THE STATEMENT GIVEN BY THE PETITIONER BEFORE THE POLICE 8-10-

EXHIBIT P5 TRUE COPY OF THE SCENE MAHA SAR RECORDED BY THE POLICE DATED 6-10-2016

EXHIBIT P6 TRUE COPY OF THE CHARGE SHEET LAID BY THE POLICE BEFORE THE JFCM COURT DATED 20-04-2017

EXHIBIT P7 TRUE COPY OF THE PETITION SUBMITTED BY THE PETITIONER.

EXHIBIT P8 TRUE COPY OF THE ACKNOWLEDGEMENT CARD OBTAINED BY THE PETITIONER FROM THE RESPECTIVE OFFICE.

EXHIBIT P8A TRUE COPY OF THE RECEIPT ISSUED FROM THE OFFICE OF OPPOSITION LEADER DATED 14-1-2017.