Testamol vs State Of Kerala
2021 Latest Caselaw 12442 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

      FRIDAY, THE 14TH DAY OF MAY 2021 / 24TH VAISAKHA, 1943

                       WP(C).No.10111 OF 2021(L)


PETITIONER:

               TESTAMOL
               AGED 36 YEARS
               W/O.BIJU M., LOJA BHAVANAM, KUMBALAM P.O., KUNDARA,
               KOLLAM - 691 503.

               BY ADV. SRI.SYAM J SAM

RESPONDENTS:

      1        STATE OF KERALA
               REPRESENTED BY THE HOME SECRETARY, HOME DEPARTMENT,
               GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

      2        INSPECTOR OF POLICE
               KUNDARA POLICE STATION, KUNDARA, KOLLAM-691502.

      3        RURAL SUPERINTENDENT OF POLICE
               KOLLAM, SP OFFICE, KOTTARAKARA, KOLLAM-691506.

               P.P.SRI.C.S.HRITHWIK

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.05.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.10111 OF 2021(L)

                                   2



                   P.V.KUNHIKRISHNAN, J.
              --------------------------------------
                  W.P.(C) No.10111 of 2021
              ---------------------------------------
             Dated this the 14th day of May, 2021


                            JUDGMENT

This writ petition is filed with the following prayers:

A. Issue a writ of mandamus directing the

respondents to conduct an effective Investigation

in the said crime and arrest the accused and to

proceed the law in motion.

B. issue a writ of mandamus directing the first

respondent to consider Exhibit P2 representation.

C. Pass such any other order, relief or direction

as this Hon'ble court may deem fit in the interest

of justice, equity and good conscience.

2. The grievance of the petitioner is that the

investigation in Crime No.321/2021 of Kundara Police Station

is not going in a proper manner. The counsel submitted that a WP(C).No.10111 OF 2021(L)

change of the investigating officer is necessary in the facts and

circumstances of the case. Several facts are narrated in the

writ petition.

3. Heard the learned Public Prosecutor also.

4. After hearing both sides, I think this writ petition can

be disposed of directing the 3rd respondent to summon the

case diary in Crime No.321/2021 of Kundara Police Station

and peruse the same and if necessary appoint a new

investigating officer in accordance with law. Therefore, this

writ petition is disposed of with the following directions:

i) The 3rd respondent will summon the case diary

in crime No.321/2021 of Kundara Police Station

within two weeks from the date of receipt of a

copy of this judgment.

ii) The 3rd respondent or an authorised officer

deputed by him will peruse the same and find

out whether the investigation of the case is

going in a proper manner.

WP(C).No.10111 OF 2021(L)

iii) If there is any irregularity in the

investigation, the 3rd respondent will depute a

senior officer to investigate the Crime

No.321/2021. The decision taken by the 3 rd

respondent will be communicated to the

petitioner within one month.

With these directions this writ petition is disposed of.

Sd/-

P.V.KUNHIKRISHNAN

JUDGE mpm WP(C).No.10111 OF 2021(L)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 THE TRUE COPY OF THE FIR IN CRIME NO.321/2021 DATED 28/02/2021 OF KUNDARA POLICE STATION, KOLLAM.

EXHIBIT P2 THE TRUE COPY OF THE REPRESENTATION BY PETITIONER TO THE 1ST RESPONDENT DATED 10/03/2021.