Sobhana vs Mr. Anil Kant, Ips
2022 Latest Caselaw 8237 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                     PRESENT
                THE HONOURABLE MR. JUSTICE P.SOMARAJAN
        FRIDAY, THE 1ST DAY OF JULY 2022 / 10TH ASHADHA, 1944
                        CON.CASE(C) NO. 225 OF 2022
 AGAINST THE ORDER/JUDGMENT IN WP(C) 16467/2020 OF HIGH COURT OF
                                     KERALA
PETITIONER/1ST PETITIONER:

             SOBHANA , AGED 58 YEARS,
             WIFE OF HARIDAS, VELUTHEDATHUCHIRA, SAMIKALLU,
             KUDAVECHOOR P.O, VAIKOM, KOTTAYAM DISTRICT
             BY ADVS.
             T.RAMPRASAD UNNI
             S.M.PRASANTH
             G.RENJITH
             R.S.ASWINI SANKAR
             T.H.ARAVIND


RESPONDENTS/RESPONDENTS 2 TO 6:

    1        MR. ANIL KANT, IPS, FATHER'S NAME AND AGE NOT KNOWN TO
             THE PETITIONER, DIRECTOR GENERAL OF POLICE, POLICE
             HEADQUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM 695 010
    2        MR. S. SREEJITH, I P S, FATHER'S NAME AND AGE NOT KNOWN
             TO THE PETITIONER, ADDITIONAL DIRECTOR GENERAL OF
             POLICE, CRIME BRANCH, THIRUVANANTHAPURAM, EANCHAKKAL,
             THIRUVANANTHAPURAM 695 008
    3        MS. SHILPA, IPS, FATHER'S NAME AND AGE NOT KNOWN TO THE
             PETITIONER, SUPERINTENDENT OF POLICE, OFFICE OF THE
             SUPERINTENDENT OF POLICE, KOTTAYAM -686 001
    4        MR KRISHNAN POTTI, FATHER'S NAME AND AGE NOT KNOWN TO
             THE PETITIONER, CIRCLE INSPECTOR OF POLICE (STATION
             HOUSE OFFICER), VAIKOM, KOTTAYAM DISTRICT, PIN 686 144
    5        MR. BINCE JOSEPH, FATHER'S NAME AND AGE NOT KNOWN TO
             THE PETITIONER, INSPECTOR OF POLICE, (STATION HOUSE
             OFFICER), CHINGAVANAM POLICE STATION, CHINGAVANAM,
             KOTTAYAM DISTRICT PIN 686 531

             BY GOVERNMENT PLEADER (ADVOCATE GENERAL OFFICE KERALA)
     THIS    CONTEMPT   OF   COURT    CASE     (CIVIL)   HAVING   COME   UP   FOR
ADMISSION ON 01.07.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 CON.CASE(C) NO. 225 OF 2022
                                      2

                               JUDGMENT

The contempt case was filed on the allegation of

violation of judgment of this court. The judgment of

this court is extracted below for reference:

"Heard. Going through the statement and the Case Diary produced, it is clear that there are several lacunas and laches in the investigation conducted by the local police. Hence, it is necessary to investigate the Crime through another agency, C-Brach, Kottayam. There will be a direction to that effect. Hand over the investigation forthwith to the C-Branch, Kottayam.

Writ Petition is allowed accordingly."

In furtherance of the judgment, investigation was

handed over to C-Branch, Kottayam. They in turn

investigated the crime and submitted a supplementary

report, it is fairly submitted by the learned

Government Pleader. As such, there is no reason for

maintaining any contempt petition before this court. It

really amounts to misuse of process of this court.

Hence, the contempt case (Civil) is dismissed

accordingly.

Sd/-

P.SOMARAJAN JUDGE msp CON.CASE(C) NO. 225 OF 2022

APPENDIX OF CON.CASE(C) 225/2022

PETITIONER ANNEXURES Annexure A TRUE COPY OF JUDGMENT IN W.P(C) NO 16467 OF 2020 DATED 08-04-2021 Annexure A1 TRUE COPY OF THE WORK AGREEMENT DATED 07-

01-2021 Annexure A2 TRUE COPY OF THE ORDER IN O.S 171/2021 OF THE HON'BLE MUNSIFF COURT, CHERTHALA Annexure A3 TRUE COPY OF THE COMMISSIONER REPORT IN CC NO. 121/2021 BEFORE THE CDR COMMISSION Annexure A4 TRUE COPY OF THE ADDITIONAL COMMISSION REPORT Annexure A5 TRUE COPY OF THE LAWYER NOTICE SENT BY THE APPLICANTS Annexure A6 TRUE COPY OF THE REPLY NOTICE SENT BY THE OPPOSITE PARTIES.

RESPONDENT ANNEXURES Annexure II True copy of the result of examination was received on 19/05/2022 vide B1- 1378/2022/ RFSL -EKM and 1721-2022-EKM Annexure III True copy of the result pertains with the polygraph test was obtained on21/05/2022 Annexure IV True copy of the FSL report pertains to the Mobile No.9656428730 Annexure V True copy of the browsing history of the deceased Jishnu Haridas AnnexureI True copy of the report of the experiment was received on 19/05/2022 vide No.B1- 1666/2022/RFSL Ernakulam Annexure II True copy of the result of examination was received on 19/05/2022 vide B1- 1378/2022/ RFSL -EKM and 1721-2022-EKM Annexure III True copy of the result pertains with the polygraph test was obtained on21/05/2022 Annexure IV True copy of the FSL report pertains to the Mobile No.9656428730 Annexure V True copy of the browsing history of the deceased Jishnu Haridas AnnexureI True copy of the report of the experiment was received on 19/05/2022 vide No.B1- 1666/2022/RFSL Ernakulam