Jisha vs Sub Inspector Of Police
2021 Latest Caselaw 20494 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR. JUSTICE K.HARIPAL
        FRIDAY, THE 1ST DAY OF OCTOBER 2021 / 9TH ASWINA, 1943
                       WP(C) NO. 24402 OF 2019
PETITIONER:

            JISHA
            AGED 34 YEARS
            W/O. LATE ELDHOSE JOHN,
            PRESENTLY RESIDING AT KULANGARA HOUSE,
            MANNOOR KARA, AIRAPURAM - 683 541.

            BY ADVS.
            P.THOMAS GEEVERGHESE
            TONY THOMAS (INCHIPARAMBIL)


RESPONDENTS:

    1       SUB INSPECTOR OF POLICE
            KUNNATHUNADU POLICE STATION,
            PATTIMATTOM - 683 562.

    2       DISTRICT POLICE CHIEF
            ERNAKULAM RURAL, ALUVA - 683 101.

    3       THE DEPUTY POLICE SUPERINTENDENT,
            DISTRICT CRIME BRANCH,
            ERNAKULAM RURAL, ALUVA - 683 101.

    4       STATE POLICE CHIEF
            POLICE HEAD QUARTERS,
            THIRUVANANTHAPURAM - 695 001.

    5       STATE OF KERALA,
            REPRESENTED BY SECRETARY, HOME DEPARTMENT,
            THIRUVANANTHAPURAM - 695 001.


            BY SRI. RENJITH T.R., SENIOR PUBLIC PROSECUTOR



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C).No.24402 OF 2019           2

                           JUDGMENT

Petitioner is the defacto complainant in C.M.P. No.

96/2019 which was registered on the basis of a complaint

preferred by her before the Judicial First Class Magistrate Court,

Kolenchery, which was forwarded for registration of crime and

investigation. Following the same, Crime No. 36/2019 of

Kunnathunadu police station was registered alleging offence

under Sections 120B, 143, 465, 467, 468 read with 149 of the

Indian Penal Code. She is the widow of one Eldose John and the

crime relates to the transfer of a Maruti Alto car bearing

Registration No. KL-07-AZ-5648 and also missing of a Yamaha

scooter bearing Registration No. KL-17-M 7484.

2. The grievance of the petitioner is that even though

the crime was registered as early on 14.01.2019, investigation is

still at the initial stage; the accused are the mother-in-law and

other relatives of the husband of the defacto complainant. She

has moved this Court seeking a direction to handover

investigation to an officer not below the rank of a Deputy

Superintendent of Police. Now the Investigating Officer has

filed a report stating the progress of investigation. But the

learned counsel for the petitioner has submitted that considerable

progress has not been reached in the matter of investigation and

the officials are pressurizing the petitioner to settle the matter, for

which she is not prepared. Anyhow, she has serious doubt with

regard to the genuineness of the investigation and also the way in

which the investigation is being conducted by the police.

According to her, the car is with the mother-in-law, it is not yet

traced, that it was got transferred in her name by putting pre-

date, with forged signatures of her deceased husband.

3. Having heard the learned counsel for the petitioner, I

think serious consideration of the allegations raised by the

petitioner is warranted at higher levels. Therefore, investigation

shall be monitored by the second respondent and he will see that

investigation proceeds in an unbiased way and final report shall

be filed within a period of three months from today.

With this direction, the writ petition is closed.

SD/-

K.HARIPAL

JUDGE

DCS/05.10.2021

APPENDIX

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF DEATH CERTIFICATE OF ELDHOSE JOHN.

EXHIBIT P2 TRUE COPY OF REGISTRATION DETAILS OF KL-

07/AZ 5648.

EXHIBIT P3 TRUE COY OF THE WEBSITE DETAILS OF KL-07/AZ 5648 CAR STANDING IN NAME OF PRASANNAN MG.

EXHIBIT P4 TRUE COPY OF FIR NO.36/2019 OF KUNNATHUNADU POLICE STATION.

EXHIBIT P5 TRUE COPY OF THE WEBSITE DETAILS OF KL-

07/AZ 5648 CAR STANDING IN NAME OF SARAKUTTY JOHN.