K.Rajesh Shenoy vs The State Of Kerala
2022 Latest Caselaw 11087 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
          THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
  SATURDAY, THE 5TH DAY OF NOVEMBER 2022 / 14TH KARTHIKA, 1944
                    WP(C) NO. 27743 OF 2013
PETITIONER/S:

          K.RAJESH SHENOY
          AGED 44 YEARS
          S/O. K.VITTLA SHENOY, RESIDING AT KRISHNA ANUGRAPHA,
          ANIL KUMBLE ROAD, NEAR KUMBLA TELEPHONE EXCHANGE,
          KOIPADY VILLAGE, KUMBLA, KASARAGOD DISTRICT.
          BY ADVS.
          SRI.T.MADHU
          SMT.C.R.SARADAMANI


RESPONDENT/S:

    1     THE STATE OF KERALA
          REPRESENTED BY ITS SECRETARY TO GOVERNMENT, HOME
          DEPARTMENT, GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM-695 001.
    2     THE STATE POLICE CHIEF LAW AND ORDER
          OFFICE OF THE STATE POLICE CHIEF, THIRUVANANTHAPURAM-
          695 001.
    3     THE DISTRICT POLICE CHIEF
          KASARAGOD, OFFICE OF THE DISTRICT POLICE CHIEF,
          KASARAGOD, KASARAGOD DISTRICT-671 121.
    4     THE INSPECTOR OF POLICE
          KUMBALA, KUMBALA P.O., KASARAGOD DISTRICT-671 321.
    5     THE STATION HOUSE OFFICER
          KUMBALA POLICE STATION, KUMBALA, KASARAGOD DISTRICT-
          671 321.

          GOVT. PLEADER SRI.SYAMANTAK


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR HEARING ON
05.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 27743 OF 2013                      2


                          MOHAMMED NIAS C.P.,J
                        -------------------------------------
                        W.P(C) No.27743 of 2013
                        -------------------------------------
                Dated this the 5th day of November, 2022

                                     JUDGMENT

This writ petition is filed seeking directions to the

3rd respondent to withdraw the investigation of Crime

No.812/2012 of Kumbala Police Station from the 4th

respondent and entrust the same with the Crime Branch or

any other Superior police officer of proven integrity, so

as to secure the ends of justice and also to consider and

take appropriate actions on Ext.P2 representation

submitted by the petitioner before the 3rd respondent and

now pending consideration of the 3rd respondent, as

expeditiously as possible and within a time frame fixed by

this Court.

2. A counter statement is seen filed by the 3rd

respondent, wherein it is stated that the writ petition is

filed under a mistaken notion that the 4th respondent in

the writ petition is conducting the investigation in Crime

No.812/2012 of Kumbala police station. In fact, the

Dy.S.P., Kasaragod is directly investigating the case as

per Order No.D1/39243/12-G dated 27.12.2012 issued by the

District Police Chief, Kasaragod. As per the above order,

a special investigation team headed by the Dy.S.P.,

Kasaragod has been constituted and the investigation is

progressing rapidly. It is also stated that the inspector

of Police, Vellarikunud and Nileshwar, Senior Civil Police

Officers, 10298, 1089, and CPO 1758 are the members of the

Special Investigation Team headed by the Dy.S.P. This is

recorded.

In the light of the above statement, no further

orders are required in the writ petition. Recording the

above statement in the counter statement filed by the 3rd

respondent, this writ petition is closed.

Sd/-

MOHAMMED NIAS C.P.

JUDGE okb/ //True copy// P.S. to Judge

APPENDIX OF WP(C) 27743/2013

PETITIONER EXHIBITS P1 : COPY OF THE FIR IN CRIME NO.812/2012 OF KUMBALA POLICE STATION.

P2 : COPY OF THE REPRESENTATION DTD.28.12.2012 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT.