Kerala High Court
Rajasekharan Nair vs Station House Officer on 11 January, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE M.R.ANITHA
TUESDAY, THE 11TH DAY OF JANUARY 2022 / 21ST POUSHA, 1943
RP NO. 944 OF 2021
AGAINST THE JUDGMENT IN WP(Crl.) 276/2021 DATED 06.12.2021 OF HIGH COURT
OF KERALA
REVIEW PETITIONER/PETITIONER:
RAJASEKHARAN NAIR
AGED 67 YEARS
S/O.VELAYUDHAN PILLAI,
MANGALASSERY HOUSE, KP 16/142 A, VITHRAKONAM,
ENIKKARA, KARAKULAM(PO),
THIRUVANANTHAPURAM DISTRICT,PIN-695564.
BY ADVS.
R.BINDU (SASTHAMANGALAM)
R.JAYAKRISHNAN
G.RAJAGOPAL (KUMMANAM)
RESPONDENTS/RESPONDENTS/ADDL.7TH RESPONDENT:
1 THE SUB INSPECTOR OF POLICE,
MUSEUM POLICE STATION,
THIRUVANANTHAPURAM,
PIN-695001.
2 THE ASSISTANT COMMISSIONER OF POLICE,
CANTONMENT SUB DIVISION, THIRUVANANTHAPURAM,
PIN-695001.
3 THE DISTRICT POLICE CHIEF
THIRUVANANTHAPURAM CITY,THIRUVANANTHAPURAM,
PIN-695001.
4 THE DIRECTOR GENERAL OF POLICE
THIRUVANANTHAPURAM,PIN-695001.
5 THE SUPERINTENDENT OF POLICE
CRIME BRANCH, THIRUVANANTHAPURAM,
PIN-695001.
6 STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO HOME,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN-695001.
7 THE ADDITIONAL DIRECTOR GENERAL OF POLICE,
STATE CRIME BRANCH, THIRUVANANTHAPURAM,
PIN-695008.
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 11.01.2022,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
R.P No. 944 of 2021 in W.P.(Crl) No.276 of 2021
2
M.R.ANITHA, J.
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R.P.No. 944 of 2021 in W.P.(Crl) No.276 of 2021
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Dated this the 11th day of January, 2022
ORDER
The review petition has been filed seeking for a direction
to Additional Director General of Police, State Crime Branch,
Thiruvananthapuram to conduct further investigation in Crime
No.755/2018 of Museum Police Station, Thiruvananthapuram City,
which is now pending as S.C.No.1240/2018 before the Additional
District and Sessions (POCSO) Court, Thiruvananthapuram.
2. Heard both sides. According to the learned counsel for
the petitioner, while allowing the writ petition No.276/2021 on
06.12.2021 this Court entrusted the investigation of the above case
with an officer not below the rank of Deputy Superintendent of
Police, District Crime Branch, Thiruvananthapuram District.
3. The State Crime Branch was omitted to make a party
in the writ petition and the direction ought to have been sought
R.P No. 944 of 2021 in W.P.(Crl) No.276 of 2021
against the Additional Director General of Police, State Crime
Branch. The 5th respondent, who is the Deputy Superintendent of
Police, District Crime Branch, Thiruvananthapuram, is not an
Investigating Officer in the State Crime Branch Department. (That
was not brought to the attention of the court by either side.) It is
also his contention that unless direction is issued to the State
Crime Branch, the further investigation ordered by the Crime
Branch will be defeated.
Hence for securing the ends of justice I here by direct the
Additional Director General of Police, State Crime Branch,
Thiruvananthapuram to conduct the further investigation in Crime
No.755/2018 of Museum Police Station, Thiruvananthapuram City
which is now pending as S.C.No.1240/2018 before the Additional
District and Sessions (POCSO) Court, Thiruvananthapuram.
The judgment in W.P.(Crl) No.276/2021 dated 06.12.2021
is reviewed to the above extent. Review petition is disposed of
accordingly. Sd/-
M.R.ANITHA
JUDGE
rps/
