Kerala High Court
Sreeja P vs State Of Kerala on 10 August, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
WEDNESDAY, THE 10TH DAY OF AUGUST 2022 / 19TH SRAVANA, 1944
WP(CRL.) NO. 608 OF 2022
PETITIONERS:
1 SREEJA P,
AGED 52 YEARS
W/O.ASOKAN, AYANIRATHALA HOUSE, VAYATHUR AMSOM,
ULLIKKAL P.O, KANNUR, KERALA 670 705.
2 ASOKAN,
AGED 55 YEARS
S/O. KRISHNAN, AYANIRATHALA HOUSE, VAYATHUR AMSOM,
ULLIKKAL P.O, KANNUR, KERALA 670 705.
3 ANEESH,
AGED 30 YEARS
S/O. ASOKAN, AYANIRATHALA HOUSE, VAYATHUR AMSOM,
ULLIKKAL P.O, KANNUR, KERALA 670 705.
BY ADVS.
V.H.JASMINE
JESWIN P.VARGHESE
REETHU JACOB
MOHAMMED HASEEB AHMED V.M.
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO HOME DEPARTMENT,
DEPARTMENT OF HOME AFFAIRS, SECRETARIAT,
CENTRAL STADIUM, MAHATMA GANDHI ROAD,
NEAR JUNCTION, PALAYAM, THIRUVANANTHAPURAM,
KERALA 695 001.
2 OFFICE OF THE STATE POLICE CHIEF,
KERALA STATE POLICE HEADQUARTERS,
VELLAYAMBALAM, CITY- THIRUVANANTHAPURAM,
PIN CODE 695 010.
3 OFFICE OF THE DISTRICT POLICE CHIEF, KANNUR,
THAVAKKARA, KANNUR, KERALA 670 002.
4 DEPUTY SUPERINTENDENT OF POLICE,
WP(Crl) No.608/2022 2
OFFICE OF THE DEPUTY SUPERINTENDENT OF POLICE, DYSP
OFFICE KOOTUPUZHA ROAD, THALASSERY, IRITTY, KANNUR,
KERALA 670 703.
5 SUPERINTENDENT OF POLICE,
CRIME BRANCH, OFFICE OF THE SUPERINTENDENT OF
POLICE CRIME BRANCH, V9GC+ 3H3, THAVAKKARA, KANNUR,
KERALA 670 002.
6 CIRCLE INSPECTOR OF POLICE,
ULLIKKAL POLICE STATION, ULLIKKAL P.O,
KANNUR 670 705.
7 STATION HOUSE OFFICER,
ULLIKKAL POLICE STATION, ULLIKKAL P.O,
KANNUR 670 705.
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 10.08.2022, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
WP(Crl) No.608/2022 3
JUDGMENT
The petitioners are the defacto complainants in Exts.P1 and P2
crimes pending before the Ulikkal Police Station, Kannur. They are
the accused in Exts.P3 and P4 crimes pending before the same police
station. The investigation of all the four crimes are being conducted by
the sixth respondent. The grievance of the petitioners is that the sixth
respondent is not conducting a fair and impartial investigation. It is in
these circumstances, they have approached this Court.
2. Having heard Smt.Jasmine, the learned counsel for the
petitioners, and Smt.Sangeetha Raj, the learned Public Prosecutor, I
am of the view that apprehension of the petitioners can be alleviated
by directing the fourth respondent who is the Deputy Superintendent
of Police, Iritty, Kannur, to supervise the investigation being
conducted by the sixth respondent.
3. In the result, this Writ Petition is disposed of with a
direction to the fourth respondent to supervise the investigation being
conducted by the sixth respondent in respect of Exts.P1 to P4. The
sixth respondent shall file final report only after getting approval from
the fourth respondent.
The Writ Petition shall stand disposed of.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
csl
APPENDIX OF WP(CRL.) 608/2022
PETITIONERS' EXHIBITS
Exhibit P1 COPY OF THE FIR IN CRIME NO. 200/2022 IN
ULLIKAL POLICE STATION.
Exhibit P2 COPY OF THE FIR IN CRIME NO. 230/2022 OF
ULLIKKAL POLICE STATION DATED 25.04.2022.
Exhibit P3 TRUE COPY OF FIR IN CRIME NO. 126/2022
DATED 27.02.2022 OF ULLIKKAL POLICE
STATION IN KANNUR DISTRICT.
Exhibit P4 CERTIFIED COPY OF FIR IN CRIME NO.
131/2022 DATED 02.03.2022 OF ULLIKKAL
POLICE STATION.
Exhibit P5 TRUE COPY OF THE CMP NO. 1289/2022 FILED
BEFORE THE HON'BLE JUDICIAL FIRST CLASS
MAGISTRATE COURT, MATTANNUR DATED
07.04.2022.
Exhibit P6 TRUE COPY OF THE COMPLAINT DATED
08.04.2022 FILED BY THE 1ST PETITIONER
BEFORE THE 4TH RESPONDENT.
Exhibit P7 TRUE COPY OF THE REPRESENTATION DATED
16.06.2022 SUBMITTED BY THE PETITIONERS
BEFORE THE 2ND RESPONDENT.
Exhibit P8 TRUE COPY OF THE REPRESENTATION DATED
21.06.2022 SUBMITTED BY THE PETITIONERS
BEFORE THE 3RD RESPONDENT.
