Sajikumar S vs District Police Chief (Rural)
2022 Latest Caselaw 10988 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

         THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.

THURSDAY, THE 3RD DAY OF NOVEMBER 2022 / 12TH KARTHIKA, 1944

                   WP(CRL.) NO. 10 OF 2022

PETITIONER:

          SAJIKUMAR S.
          AGED 48 YEARS
          S/O.SATHYASEELAN, KRISHNAKRIPA ,
          CHIRATHALAVILAKOM, PULLIYIL WARD,
          CHIRATHALAVILAKOM, THALAYAL DESOM, ATHIYANNOOR
          VILLAGE, BALARAMPURAM, NEYYATTINKARA TALUK, PIN -
          695 123.

          BY ADVS.
          G.SUDHEER
          R.HARIKRISHNAN (H-308)



RESPONDENTS:

    1     DISTRICT POLICE CHIEF (RURAL)
          OFFICE OF THE DISTRICT POLICE CHIEF (RURAL),
          THIRUVANANTHAPURAM - 695 001.

    2     THE DEPUTY SUPERINTENDENT OF POLICE
          NEYYATTINKARA, THIRUVANANTHAPURAM DISTRICT, PIN -
          695 123.

    3     THE INSPECTOR OF POLICE
          BALARAMAPURAM POLICE STATION, THIRUVANANTHAPURAM,
          PIN - 695 123.

    4     SUB INSPECTOR OF POLICE
          BALARAMAPURAM POLICE STATION, THIRUVANANTHAPURAM,
                                       2

W.P.Crl.No. 10 of 2022

              PIN - 695 123.

      5       AKASH
              S/O.GOPINATHAN, 'DHANU', SREEKRISHNAPURAM,
              POWDIKONAM DESOM, SREEKARYAM P.O., VILIYAZHATHURA
              VILLAGE, THIRUVANANTHAPURAM, PIN - 695 017.

              BY ADVS.
              SHRI.P.NARAYANAN, ADDL.PUBLIC PROSECUTOR
              DIRECTOR GENERAL OF PROSECUTION


              ADV SANGEETHARAJ N R-PP



       THIS    WRIT      PETITION   (CRIMINAL)   HAVING   COME   UP   FOR
ADMISSION ON 03.11.2022, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
                                             3

W.P.Crl.No. 10 of 2022

                                    JUDGMENT

This writ petition is filed by the petitioner seeking the

following reliefs:

"i) Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents 1 to 4 to resubmit the final report in Ext.P1 crime after curing the defects within a time limit as prescribed by this Honourable Court.

ii) Direct the Committal Court (Judicial First Class Magistrate Court-III, Neyyattinkara) to commit the case, immediately on receipt of the final report, to the concerned Sessions Court.

Iii) Direct the Trial Court (Assistant Sessions Court, Neyyattinkara) to expedite the trial as and when the above case is committed to said court for trial and dispose the same within a time limit as prescribed by this Honourable Court.

iv) such other appropriate writ order or direction as this Honourable Court may deem fit and proper to meet the ends of Justice."

2. When this writ petition came up for consideration today,

it is pointed out by the learned Government Pleader that, final

report is already submitted on 22.01.2022, before the Judicial

First Class Magistrate Court-III, Neyyatinkara. Now the matter is

committed to Sessions Court and pending as S.C No. 1579/2022.

3. In such circumstances, further orders are not

necessary. Eventhough the learned counsel for the petitioner

seeks for a direction for expeditious disposal of the case, as

W.P.Crl.No. 10 of 2022

prayed for by him in relief No.3 in the writ petition, I am of the

view that, since the final report is filed only recently, the said

prayer need not be considered at this point of time. However, it is

made clear that, this shall not preclude the petitioner from

approaching this Court again, for the said relief at a later point of

time, if trial is not completed within a reasonable period.

Sd/-

ZIYAD RAHMAN A.A JUDGE rpk

W.P.Crl.No. 10 of 2022

APPENDIX OF WP(CRL.) 10/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE FIR & FIS IN CRIME NO.726/2014 OF BALARAMAPURAM POLICE STATION DATED 26/6/2014.

Exhibit P2 TRUE COPY OF THE MEDICAL PRESCRIPTION OF THE PETITIONER'S WIFE ISSUED BY NIMS HOSPITAL.

Exhibit P3 TRUE COPY OF THE POSTMORTEM CERTIFICATE DATED 27/06/2014 ISSUED BY THE MEDICAL OFFICER, MEDICAL COLLEGE, THIRUVANANTHAPURAM.

Exhibit P4 TRUE COPY OF THE ORDER NO.EN4/25646/2014/GMCT DATED 13/1/2015 ISSUED BY THE SENIOR ADMINISTRATIVE OFFICER OF GOVERNMENT MEDICAL COLLEGE, THIRUVANANTHAPURAM.

Exhibit P4A TRUE COPY OF THE LETTER NO.J4/7610/2018/MEW DATED 22/5/2018 ISSUED TO THE PRINCIPAL, GOVERNMENT MEDICAL COLLEGE, THIRUVANANTHAPURAM.

Exhibit P5 TRUE COPY OF QUESTION AND ANSWER ISSUED TO PETITIONER UNDER RTI ACT.

Exhibit P6 TRUE COPY OF THE FINAL REPORT SUBMITTED BY THE 2ND RESPONDENT BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-III, THIRUVANANTHAPURAM DATED 30/12/2014.

Exhibit P7 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 11/6/2021.