Citation : 2022 Latest Caselaw 3940 Ker
Judgement Date : 5 April, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
TUESDAY, THE 5TH DAY OF APRIL 2022 / 15TH CHAITHRA, 1944
WP(CRL.) NO. 198 OF 2022
PETITIONER:
SUNILKUMAR @ PAKKI SUNIL,
AGED 36 YEARS
S/O. BHADRAN, RESIDING AT PUTHENKANDATHIL
VEEDU, KULASEKHARAPURAM P.O,KOLLAM-690 544
BY ADVS.
P.B.SAHASRANAMAN
T.S.HARIKUMAR
RESPONDENTS:
1 THE STATE POLICE CHIEF,
STATE POLICE HEAD QUARTERS, VELLAYAMBALAM,
THIRUVANANTHAPURAM-695 010
2 THE ASSISTANT COMMISSIONER OF POLICE,
KARUNAGAPPALLY, KARUNAGAPPALLY P.O, KOLLAM 690
518.
BY ADV ADVOCATE GENERAL OFFICE KERALA
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 05.04.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P(Crl).No.198/2022
..2..
JUDGMENT
Dated this the 05th day of April, 2022
This Writ Petition(Crl) has been filed seeking further
investigation in Crime No.60/2017 of the Oachira Police
Station.
2. The petitioner is the accused. The offences alleged
against him are u/s 354(A), 376 of the IPC, S.3 r/w 4 of the
POCSO Act and S.3(2) of the Scheduled Caste and Scheduled
Tribe(Prevention of Atrocities) Act.
3. The investigation is over. The final report has
already been filed.
4. I have heard Sri.P.B.Sahasranaman, the learned
counsel for the petitioner and Sri.P. Narayanan, the Additional
Public Prosecutor.
5. According to the petitioner, the investigating officer
did not conduct the investigation properly. It is in these
circumstances, the petitioner has approached this court. The
petitioner has rushed to this court before approaching the
police authority or the trial court. W.P(Crl).No.198/2022
..3..
6. The learned counsel for the petitioner submits that
this Writ Petition(Crl) may be disposed of reserving liberty to
the petitioner to approach the appropriate authority or the trial
court seeking further investigation.
Reserving such liberty, the writ petition(crl) is dismissed.
Sd/-
DR.KAUSER EDAPPAGATH, JUDGE ded/05.04.2022 W.P(Crl).No.198/2022
..4..
APPENDIX OF WP(CRL.) 198/2022
PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE FINAL REPORT IN CRIME NO. 60 OF 2017 OF THE OACHIRA POLICE STATION, SUBMITTED BY THE 2ND RESPONDENT DATED 21.11.2019 WHICH IS SERVED ON THE ACCUSED.
RESPONDENT'S/S EXHIBITS : NIL.
//TRUE COPY//
P.A. TO JUDGE
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