Kerala High Court
C.L.Varghese vs State Of Kerala on 6 July, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
WEDNESDAY, THE 6TH DAY OF JULY 2022 / 15TH ASHADHA, 1944
WP(C) NO. 8584 OF 2021
PETITIONER/S:
C.L.VARGHESE
AGED 60 YEARS
S/O. C.V.LONAPPAN, CHEERAN HOUSE, NEAR ADATTU
PANCHAYAT OFFICE, ADATTU ROAD, PURANATTUKARA
P.O., THRISSUR DISTRICT, PIN-680551.
BY ADVS.
DINESH MATHEW J.MURICKEN
SMT.SREELAKSHMI R.
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY SECRETARY (HOME DEPARTMENT),
SECRETARIAT, PALAYAM P.O., THIRUVANANTHAPURAM
DISTRICT, PIN-695001.
2 THE SECRETARY TO HOME,
HOME DEPARTMENT, SECRETARIAT, PALAYAM P.O.,
THIRUVANANTHAPURAM DISTRICT, PIN-695001.
3 THE DEPUTY SUPERINTENDENT OF POLICE,
OFFICE OF THE DEPUTY SUPERINTENDENT OF POLICE,
THRISSUR ROAD, KUNNAMKULAM P.O., THRISSUR
DISTRICT, PIN-680503.
4 THE STATION HOUSE OFFICER,
KUNNAMKULAM POLICE STATION, THRISSUR ROAD,
KUNNAMKULAM P.O., THRISSUR DISTRICT, PIN-680503.
5 USHA BENNY,
W/O. DR. P.O.BENNY, PULIKKOTTIL HOUSE, NORTH
BAZAR, KUNNAMKULAM P.O., THRISSUR DISTRICT, PIN-
680503.
6 LAILA DENNY,
W/O. P.O.DENNY, PULIKKOTTIL HOUSE, WEST BAZAR,
KUNNAMKULAM P.O., THRISSUR DISTRICT, PIN-680503.
7 P.O.JENNY,
S/O. P.I.UKKURU, PULIKKOTTIL HOUSE, WEST BAZAR,
KUNNAMKULAM P.O., THRISSUR DISTRICT, PIN-680503.
8 DR. P.O.BENNY,
S/O. P.I.UKKURU, PULIKKOTTIL HOUSE, NORTH BAZAR,
WP(C) No. 8584 of 2021
-: 2 :-
KUNNAMKULAM P.O., THRISSUR DISTRICT, PIN-680503.
9 P.O.DENNY,
S/O. P.I.UKKURU, PULIKKOTTIL HOUSE, WEST BAZAR,
KUNNAMKULAM P.O., THRISSUR DISTRICT, PIN-680503.
10 AKHIL UKKURU,
S/O. P.O.DENNY, PULIKKOTTIL HOUSE, WEST BAZAR,
KUNNAMKULAM P.O., THRISSUR DISTRICT, PIN-680503.
11 P.V.VENKITAKRISHNAN,
RAGHAVATH MADOM, PORKKULAM P.O., THALAPPILLI
TALUK, THRISSUR DISTRICT, PIN-680542.
12 K.A.SHAJI,
S/O.ANTHONY, PUTHOOR HOUSE, PATTAMBI ROAD,
KUNNAMKULAM P.O., THRISSUR DISTRICT, PIN-680503.
ADV.HRITHIK-SR PP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 06.07.2022, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
WP(C) No. 8584 of 2021
-: 3 :-
JUDGMENT
The petitioner who is the defacto complainant in Crime
No.789/2010 of Kunnamkulam Police Station has approached
this Court for the following reliefs.
"i) issue a writ of mandamus or any other appropriate writ or direction to
the 4th respondent to complete the further investigation as directed
in Exhibit P5 order and submit report within 2 months.
ii) issue a writ of mandamus or any other appropriate writ or direction to
the 4th respondent to consider Exhibit P6 complaint and to pass
appropriate orders.
iii) grant such other reliefs which this Honourable Court may deem fit
and proper in the circumstances of the case."
2. The grievance of the petitioner is that, no proper
investigation is being conducted in the said crime. The crime
was registered against the respondents 2 to 12 in this writ
petition, for the offences punishable under Section 420, 465,
468, 471 read with Section 34 of IPC. Ext.P1 is the
complainant submitted by the petitioner and Ext.P2 is the FIR
WP(C) No. 8584 of 2021
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registered by the police.
3. After completing the investigation, the 4th
respondent submitted a final report vide Ext.P3, referring the
case. Subsequently, the petitioner submitted an application for
further investigation under Section 173(8) of Cr.P.C which was
allowed by the Judicial First Class Magistrate Court,
Kunnamkulam as per Ext.P5 order. The aforesaid order was
passed on 09.08.2016, and the grievance of the petitioner is
that, even after expiry of several years no proper investigation
is being conducted.
4. On the other hand, learned Public Prosecutor upon
instructions submits that, the investigation got delayed as the
petitioner did not cooperate with the investigation. It was
submitted that, eventhough the petitioner was asked to appear
before the Investigation Officer to give statement before him,
he did not appear. It was also pointed out that the relevant
documents for establishing the offences were also not produced
WP(C) No. 8584 of 2021
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by him.
5. However, it is submitted by the learned Public
Prosecutor that, the investigation can be completed very soon if
there is proper cooperation from the part of the petitioner.
After considering the facts and circumstances of the case,
I am inclined to disposed of this writ petition directing the
Investigation Officer, to conduct a fair and reasonable
investigation and complete the same as expeditiously as
possible at any rate within a period of four months from the
date of receipt of a copy of this judgment. It is further directed
that, the petitioner herein shall cooperate with the investigation
by making himself available before the Investigation Officer and
produce documents which are in his possession in support of
his contention.
Sd/-
ZIYAD RAHMAN A.A
JUDGE
rpk
WP(C) No. 8584 of 2021
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APPENDIX OF WP(C) 8584/2021
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE COMPLAINT FILED BY THE
PETITIONER BEFORE THE JUDICIAL FIRST
CLASS MAGISTRATE COURT, KUNNAMKULAM AS
CRL.M.P.NO.5200/2010 DATED 26.6.2010.
EXHIBIT P2 TRUE COPY OF THE FIR IN CRIME
NO.789/2010 OF KUNNAMKULAM POLICE
STATION DATED 29.6.2010.
EXHIBIT P3 TRUE COPY OF THE FINAL REPORT IN CRIME
NO.789/2010 OF KUNNAMKULAM POLICE
STATION DATED 31.10.2014.
EXHIBIT P4 TRUE COPY OF THE APPLICATION FILED
UNDER SECTION 173(8) OF THE CODE OF
CRIMINAL PROCEDURE BEFORE THE JUDICIAL
FIRST CLASS MAGISTRATE COURT,
KUNNAMKULAM IN CRL.M.P.NO.5200/2010.
EXHIBIT P5 TRUE COPY OF THE ORDER IN
CRL.M.P.NO.3036/2016 IN R.C.NO.301/2015
PASSED BY THE JUDICIAL FIRST CLASS
MAGISTRATE COURT, KUNNAMKULAM DATED
9.8.2016.
EXHIBIT P6 TRUE COPY OF THE APPLICATION SUBMITTED
BY THE PETITIONER BEFORE THE 4TH
RESPONDENT DATED 31.12.2020.
