Citation : 2022 Latest Caselaw 4185 Ker
Judgement Date : 7 April, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
THURSDAY, THE 7TH DAY OF APRIL 2022 / 17TH CHAITHRA, 1944
WP(C) NO. 7754 OF 2021
PETITIONER
SREENA N,
AGED 46 YEARS
D/O NADARAJAN,SHANTHA MANDIRAM,
VALAYINKUZHI,KALLAMBALAM,THIRUVANANTHAPURAM.
BY ADVS.
OMAR SALIM
SHRI.SRAVAN M.S.
SHRI.ARUN T.
RESPONDENTS
1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO
GOVERNMENT,HOME DEPARTMENT,GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM,PIN-695001.
2 THE SECRETARY, HOME DEPARTMENT,GOVERNMENT
SECRETARIAT,THIRUVANANTHAPURAM,
PIN-695001.
3 THE STATE POLICE CHIEF,
THIRUVANANTHAPURAM RURAL POLICE,
PALAYAM,THIRUVANANTHAPURAM,
PIN-695033.
4 THE STATION HOUSE OFFICER,
KALLAMBALAM POLICE STATION,KALLAMBALAM,
THIRUVANANTHAPURAM DISTRICT,
PIN-695605.
5 CENTRAL BUREAU OF INVESTIGATION,
PLOT NO.5,CGO COMPLEX,
LODHI ROAD,NEW DELHI-110003,
REPRESENTED BY ITS DIRECTOR.
SRI M P PRASANTH-PP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 07.04.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C).7754/21
2
JUDGMENT
This writ petition has been filed with the following
prayers :-
(a). Issue a writ of mandamus or anyother appropriate writ,
order or direction directing the 3rd respondent to take proper
and necessary action on Ext.P4 representation within a time
stipulated by this Hon'ble Court.
(b). The petitioner bonafide believe that if the case is
enquired by the Kerala Police no result will evolve in this
regard. Therefore, it is highly necessary to entrust the matter
with any of the external agencies like the 6 th respondent or
any other investigating agencies.
2. The prayer in Ext.P4 is to hand over the
investigation to an officer in the rank of Deputy Superintendent
of Police.
3. The learned Public Prosecutor submits that
investigation has already been handed over to Dy.S.P., Crime
Branch and he is now conducting the investigation.
In the above circumstances, this writ petition is disposed
of with a direction to Dy.S.P, Crime Branch to complete the WP(C).7754/21
investigation taking into account the grievance highlighted by
the petitioners and file final report, as expeditiously as
possible.
DR.KAUSER EDAPPAGATH, Judge
Mrcs.
WP(C).7754/21
APPENDIX OF WP(C) 7754/2021
PETITIONER EXHIBITS EXHIBIT P1 PHOTOCOPY OF THE FIR IN CRIME NO.73/2021 OF KALLAMBALAM POLICE STATION.
EXHIBIT P2 PHOTOCOPY OF THE REPRESENTATION DATED 20.01.2021 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT.
EXHIBIT P3 PHOTOCOPY OF THE REPRESENTATION DATED 23.01.2021 SUBMITTED BY THE PETITIONER BEFORE THE STATE WOMEN'S COMMISSION. EXHIBIT P4 PHOTOCOPY OF THE REPRESENTATION DATED 01.02.2021 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.
EXHIBIT P5 PHOTOCOPY OF THE REPRESENTATION DATED 01.02.2021 SUBMITTED BY THE PETITIONER BEFORE THE CHIEF MINISTER OF KERALA.
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