Vincent Xavier vs The State Of Kerala
2022 Latest Caselaw 9640 Ker

W.P.C.10970/21                       1




                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
             THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
     THURSDAY, THE 25TH DAY OF AUGUST 2022 / 3RD BHADRA, 1944
                          WP(C) NO.10970 OF 2021
PETITIONER:

             VINCENT XAVIER,
             AGED 50 YEARS,
             S/O.VINCENT JASUPLAI, BEENA BHAVAN,
             KARIYAL, KAZHAKOOTTAM, THIRUVANANTHAPURAM.

             BY ADVS.
             S.NIDHEESH
             VINUMON.S


RESPONDENTS:

     1       THE STATE OF KERALA,
             REPRESENTED BY THE SECRETARY,
             HOME DEPARTMENT, SECRETARIAT,
             THIRUVANANTHAPURAM - 695 001.

     2       THE STATE POLICE CHIEF,
             POLICE HEAD QUARTERS,
             THIRUVANANTHAPURAM - 695 003.

     3       DISTRICT POLICE CHIEF,
             OFFICE OF DISTRICT POLICE CHIEF,
             THIRUVANANTHAPURAM - 695 003.

     4       STATION HOUSE OFFICER,
             KAZHAKOOTTAM POLICE STATION,
             THIRUVANANTHAPURAM - 695 582.

     5       SHALINI SHAJU,
             HOUSE NO.43A, CHESHIRE HOME LANE,
             KARUVANKOANM, KAWADIYAR P.O,
             THIRUVANANTHAPURAM - 695 003.
 W.P.C.10970/21                     2

     6       SHAJU PAULOSE,
             HOUSE NO.43 A, CHESHIRE HOME LANE,
             KURAVANKONAM, KAWADIYAR P.O,
             THIRUVANANTHAPURAM - 695 003.

     7       INDRANI,
             HOUSE NO.43 A, CHESHIRE HOME LANE,
             KURAVANKONAM, KAWADIYAR P.O,
             THIRUVANANTHAPURAM - 695 003.

     8       SHAMA,
             VELI-SHANGHUMUGHAM ROAD, BALANAGAR, VETTUKADU,
             THIRUVANANTHAPURAM - 695 021.

     9       SHANU,
             T.C 734(3/825), K.V. PURAIDAM, VALIYATHURA,
             VALLAKKADAVU P.O, OLG NAGAR, THIRUVANANTHAPURAM - 695
             008.

     10      SHAJIKUMAR,
             SMRA 107, MOOLAYILKONAM, PRASANTHI NAGAR, MEDICAL
             COLLEGE, THIRUVANANTHAPURAM - 695 011.

     11      DR.RJANEESH KUMAR, RCC,
             MEDICAL COLLEGE P.O, THIRUVANANTHAPURAM - 695 011.


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.C.10970/21                        3

                              JUDGMENT

Petitioner is the complainant in Crime No.160 of 2020 of

Kazhakkoottam Police Station, which was registered for the offences

punishable under Sections 420, 468, 471, 120B read with Section 34

IPC.

2. The prayer sought for in the writ petition is to direct the

2nd respondent to hand over the investigation of the aforesaid crime

to any other higher officer to be appointed by the 2 nd respondent.

Today when the matter came up for consideration, the learned

Government Pleader submitted that the investigation of this case is

already handed over to the State Crime Branch and the investigation

is going on.

In such circumstances, this writ petition is disposed of

recording the above submission and directing the investigating

officer to complete the investigation as expeditiously as possible.

Sd/-

ZIYAD RAHMAN A.A.

JUDGE DG/26.8.22

APPENDIX OF WP(C) 10970/2021

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE FORGED MEDICAL CERTIFICATE DATED 17.04.2019.

EXHIBIT P2 TRUE COPY OF THE CMP NO. 357/2020 FILED BEFORE THE JFCM - II ATTINGAL.

EXHIBIT P3 TRUE COPY OF THE F.I.R IN CRIME 160/2020 OF KAZHAKUTTAM POLICE STATION.

EXHIBIT P4 TRUE COPY OF THE RECEIPT OF THE PETITION SUBMITTED BEFORE THE 3RD RESPONDENT DATED 16.11.2020.

EXHIBIT P5 TRUE COPY OF THE PETITION SUBMITTED BEFORE THE HON'BLE CHIEF MINISTER OF KERALA DATED 7.1.2021.