Kerala High Court

K.P.Madhavan Unni vs State Of Kerala on 22 December, 2022

WP(C) Nos. 18982,28798, 29738 & 29775

OF 2012                                       1



                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                        PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
    THURSDAY, THE 22ND DAY OF DECEMBER 2022 / 1ST POUSHA, 1944
                              WP(C) NO. 18982 OF 2012
PETITIONER/S:

               MUHAMMED IQBAL
               S/O.MUHAMMED NAHA,THEKKEPADATHU VEEDU,PARAPPANANGADI
               BEACH ROAD,MALAPPURAM,REPRESENTED BY HIS POWER OF
               ATTORNEY HOLDER
               UNNIMOIDU.K,S/O.MOHAMMED,KARTHEDATHHOUSE,POOKOTTOOR,M
               ALAPURAM.

               BY ADV SRI.B.JAYASURYA



RESPONDENT/S:

1 STATE OF KERALA REPRESENTED BY CHIEF SECRETARY,GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM,PIN-695001.

2 THE HOME SECRETARY KERALA STATE,GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM,PIN-695001.

3 THE DIRECTOR GENERAL OF POLICE POLICE HEAD QUARTERS,THIRUVANANTHAPURAM.

      4        THE DETECTING INSPECTOR
               C.B.C.I.D,KOZHIKODE.

      5        THE CENTRAL BUREAU OF INVESTIGATION

REPRESENTED BY ITS DIRECTOR,NEW DELHI-110001.

6 THE CIRCLE INSPECTOR OF POLICE PONNANI,MALAPPURAM,PIN-679577. WP(C) Nos. 18982,28798, 29738 & 29775

7 THE SUB INSPECTOR OF POLICE CHANGARAMKULAM POLICE STATION,PONNANI,MALAPPURAM- 679577.

8 UNION OF INDIA REPRESENTED BY SECRETARY, DEPARTMENT OF HOME AFFAIRS, PARLIAMENT HOUSE, NEW DELHI. (ADDL.R8 IS IMPLEADED AS PER ORDER DATED 7.6.13 IN IA 2222/13)

9 THE MINISTRY OF PERSONNEL P.G.

PENSIONS, DEPARTMENT OF PERSONNEL & TRAINING (DOPT), GOVERNMENT OF INDIA, NEW DELHI. (ADDL.R9 SUO MOTU IMPLEADED AS PER ORDER DATED 24.3.14)

BY ADV GOVERNMENT PLEADER,SRI.K.M.FAISAL, SRI.S.MANU, DSGI

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.12.2022, ALONG WITH WP(C).28798/2012, 29738/2012 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C) Nos. 18982,28798, 29738 & 29775

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN THURSDAY, THE 22ND DAY OF DECEMBER 2022 / 1ST POUSHA, 1944 WP(C) NO. 28798 OF 2012 PETITIONER/S:

MOHAMMED ASHRAF AGED 52 YEARS S/O. MAMMALAN, RASHEEHA MANZIL, CHANDAPADI, PONNANI MALAPPURAM DISTRICT.

BY ADV SRI.B.JAYASURYA

RESPONDENT/S:

1 STATE OF EKRALA REPRESENTED BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001.

2 THE HOME SECRETARY KERALA STATE, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM, PIN-695 001.

3 THE DIRECTOR GENERAL OF POLICE POLICE HEAD QUARTERS, THIRUVANANTHAPURAM.

      4        THE DETECTING INSPECTOR
               C.B.C.I.D., KOZHIKODE.

      5        THE CENTRAL BUREAU OF INVESTIGATION

REPRESENTED BY ITS DIRECTOR, NEW DELHI-110 001.

6 THE CIRCLE INSPECTOR OF POLICE PONNANI, MALAPPURAM, PIN. 679 577.

7 THE SUB INSPECTOR OF POLICE WP(C) Nos. 18982,28798, 29738 & 29775

CHANGARAMKULAM POLICE STATION, PONNANI, MALAPPURAM

-679 577.

8 UNION OF INDIA REP.BY SECRETARY, DEPARTMENT OF HOME AFFAIRS, PARLIAMENT HOUSE, NEW DELHI.(ADDL R8 IS IMPLEADED AS PER ORDER DATED 7.6.13 IN IA 2220/13)

9 ADDL.R9. THE MINISTRY OF PERSONNEL P.G. & PENSIONS, DEPARTMENT OF PERSONNEL & TRAINING (DOPT), GOVERNMENT OF INDIA, NEW DELHI.[ADDL.R9 IMPLEADED SUO MOTU AS PER ORDER DATED 24/3/2014 IN THE WP(C)28798/2012.]

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.12.2022, ALONG WITH WP(C).18982/2012 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) Nos. 18982,28798, 29738 & 29775

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN THURSDAY, THE 22ND DAY OF DECEMBER 2022 / 1ST POUSHA, 1944 WP(C) NO. 29738 OF 2012 PETITIONER/S:

MUKKANDATH ABDUL RASAK AGED 45 YEARS S/O.MOHAMMED PERUMPADAPPA AMSOM CHERAVALLUR DESOM PONNANI TALUK MALAPPURAM DISTRICT PIN 679 575 REPRESENTED BY HIS BROTHER MIKKANDATH MOHAMMED ASARAF S/O.MOHAMMED PERUMPADAPPA AMSOM CHERAVALLUR DESOM PONNANI TALUK MALAPPURAM DISTRICT PIN 679 575

BY ADV SRI.B.JAYASURYA

RESPONDENT/S:

1 STATE OF KERALA REPRESENTED BY CHIEF SECRETARY GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM PIN 695 001

2 THE HOME SECRETARY KERALA STATE GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM PIN 695 001

3 THE DIRECTOR GENERAL OF POLICE POLICE HEAD QUARTERS THIRUVANANTHAPURAM

4 THE DETECTING INSPECTOR C.B.C.I.C KOZHIKODE

5 THE CENTRAL BUREAU OF INVESTIGATION REPRESENTED BY ITS DIRECTOR NEW DELHI 110001

6 THE CIRCLE INSPECTOR OF POLICE WP(C) Nos. 18982,28798, 29738 & 29775

PONNANI MALAPPURAM PIN 679577

7 THE SUB INSPECTOR OF POLICE CHANGARAMKULAM POLICE STATION PONNANI MALAPPURAM 679

8 UNION OF INDIA REPRESENTED BY SECRETARY , DEPARTMENT OF HOME AFFAIRS, PARLIAMENT HOUSE, NEW DELHI. (ADDL R8 IS IMPLEADED AS PER ORDER DT 7.6.13 IN IA 2067/13)

9 THE MINISTRY OF PERSONNEL P.G. & PENSIONS, DEPARTMENT OF PERSONNEL & TRAINING (DOPT) GOVERNMENT OF INDIA, NEW DELHI.(IS SUO MOTU IMPLEADED AS PER ORDER DR 24.3.2014)

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.12.2022, ALONG WITH WP(C).18982/2012 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C) Nos. 18982,28798, 29738 & 29775

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN THURSDAY, THE 22ND DAY OF DECEMBER 2022 / 1ST POUSHA, 1944 WP(C) NO. 29775 OF 2012 PETITIONER/S:

K.P.MADHAVAN UNNI AGED 32 YEARS S/O.A SHANMUGHA MENON, AMBALAPATTU HOUSE, THALAPPILLY TALUK, KARIYANNOOR AMSOM, EDUMAPETTY P.O.,THRISSUR DIST, REP.BY HIS POWER OF ATTORNEY HOLDER, MUKKANDATH MOHAMMED ASHRAF,S/O.MOHAMMED, AGED 32 YEARS, PERUMPADAPPA AMSOM, CHERUVALLUR DESOM, PONNANI TALUK, MALAPPURAM DIST PIN-679575

BY ADV SRI.B.JAYASURYA

RESPONDENT/S:

1 STATE OF KERALA REP.BY CHIEF SECRETARIAT,GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM, PIN-695001

2 THE HOME SECRETARIAT KERALA STATE, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM PIN-695001

3 THE DIRECTOR GENERAL OF POLICE POLICE HEAD QUARTERS,THIRUVANANTHAPURAM

4 THE DETECTING INSPECTOR C B C I D, KOZHIKODE

5 THE CENTRAL BUREAU OF INVESTIGATION REP.BY ITS DIRECTOR,NEW DELHI-110001 WP(C) Nos. 18982,28798, 29738 & 29775

6 THE CIRCLE INSPECTOR OF POLICE PONNANI, MALAPPURAM, PIN-679577,

7 THE SUB INSPECTOR OF POLICE CHANGARAMKULAM POLICE STATION, PONNANI, MALAPPURAM-

               679577

      8        UNION OF INDIA

REPRESENTED BY SECRETARY, DEPARTMENT OF HOME AFFAIRS, PARLIAMENT HOUSE, NEW DELHI.(ADDLL..R8 IMPLEADED AS PER ORDER DATED 7.6.13 IN IA 2221/13

9 THE MINISTRY OF PERSONNEL P.G. & PENSIONS, DEPARTMENT OF PERSONNEL & TRAINING (DOPT), GOVERNMENT OF INDIA, NEW DELHI. (ADDL.R9 IS SUO MOTU IMPLEADED AS PER ORDER DATED 24.3.2014)

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.12.2022, ALONG WITH WP(C).18982/2012 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C) Nos. 18982,28798, 29738 & 29775

P.V.KUNHIKRISHNAN, J

--------------------------------------- W.P.(C) NoS. 18982, 28798, 29738 & 29775 of 2022

-------------------------------------- Dated this the 22nd day of December, 2022

JUDGMENT

These writ petitions are filed for CBI investigation in

certain criminal cases registered by the Changaramkulam

Police Station.

2. It will be better to extract the prayers in these writ

petitions :

W.P.(C.) No. 18982/2012

"(i) Issue a Writ of Mandamus or any other appropriate writ, direction or order directing the 1st respondent to entrust the investigation of Crime No.208/2010 of Changaramkulam Police Station to the 5th respondent herein forthwith, in the interest of justice.

(ii) Grant such other reliefs as this Hon'ble Court may deem fit and proper in the circumstances of this case." [SIC] W.P.(C.) No. 28798/2012

(i) Issue a Writ of Mandamus or any other appropriate Writ, Direction or Order directing the 1st respondent to entrust the investigation of Crime No.252/2010 of WP(C) Nos. 18982,28798, 29738 & 29775

Changaramkulam Police Station, Malappuram to the 5 th respondent herein forthwith in the interest of justice.

(ii) Grant such other reliefs as this Hon'ble Court may deem fit and proper in the circumstances of this case." [SIC] W.P.(C.) No. 29738/2012 "(i) Issue a Writ of Mandamus or any other appropriate Writ, direction or order, directing the 1st respondent to entrust the investigation of Crime No.256/2010 of Changaramkulam Police Station to the 5th respondent herein forthwith, in the interest of justice.

(ii) Grant such other reliefs as this Hon'ble Court may deem fit and proper in the circumstances of this case." [SIC] W.P.(C.) No.29775/2012 "(i) Issue a Writ of Mandamus or any other appropriate Writ, direction or order, directing the 1st respondent to entrust the investigation of Crime No.257/2010 of Changaramkulam Police Station to the 5th respondent herein forthwith, in the interest of justice.

(ii) Grant such other reliefs as this Hon'ble Court may deem fit and proper in the circumstances of this case." [SIC]

3. Today, when the matter came up for consideration,

the learned Government Pleader submitted that all these crimes

were closed as 'undetected' on 30.09.2016. It is also submitted

that the final report is submitted before the Judicial First Class

Magistrate Court, Ponnani. If that is the case, no further WP(C) Nos. 18982,28798, 29738 & 29775

directions can be issued in these writ petitions.

Leaving open the other contentions, if any of the

petitioners, these writ petitions are closed.

Sd/-

P.V.KUNHIKRISHNAN JUDGE SKS