Harikumar .T.V vs The State Of Kerala
2023 Latest Caselaw 8831 Ker

WP(CRL.) NO. 612 OF 2023
                           1

       IN THE HIGH COURT OF KERALA AT ERNAKULAM
                       PRESENT
  THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA,
                         1945
               WP(CRL.) NO. 612 OF 2023
PETITIONER:

          HARIKUMAR .T.V.
          AGED 49 YEARS
          S/O CHANTHU, GENERAL MANAGER, SATHYAM
          ROLLER AND FLOUR MILL PVT. LTD., ANTHUR
          DEVELOPMENT, PLOT. C, PARASSINIKADAV,
          KANNUR., PIN - 570563
          BY ADVS.
          A.C.VENUGOPAL
          VIDHYA. A.C


RESPONDENTS:

   1      THE STATE OF KERALA
          REP.BY ITS PUBLIC PROSECUTOR, HIGH COURT
          OF KERALA, ERNAKULAM., PIN - 682031
   2      STATION HOUSE OFFICER
          TALIPARAMBA POLICE STATION, KANNUR RULER,
          TALIPARAMBA P. O, KANNUR DISTRICT, PIN -
          670141
   3      AJEESH .V
          AGED 34 YEARS
          S/O VIJAYAN, KERALA PARAMBU HOUSE.
          VANOOR,ALATHUR,PALAKKAD, KERALA, PIN -
          678541
OTHER PRESENT:

          PP SRI.NOUSHAD K.A


       THIS WRIT PETITION (CRIMINAL) HAVING COME UP
FOR ADMISSION ON 14.08.2023, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
 WP(CRL.) NO. 612 OF 2023
                                2

               BECHU KURIAN THOMAS, J.
                -----------------------------------------
                   W.P.(Crl) No.612 of 2023
                ----------------------------------------
           Dated this the 14th day of August, 2023


                          JUDGMENT

Petitioner challenges Ext.P4 final reprot, referring crime

No.699/2023 of Taliparamba Police Station as civil in nature.

Petitioner seeks to set aside the investigation carried out by

the 2nd respondent into Crime No.699/2023 of Thaliparamba

Police Station, which resulted in Ext.P4 final report.

2. The learned counsel for the petitioner submitted that

the final report submitted to the Magistrate referring case as

civil in nature has not yet been accepted and that the refer

report is still pending consideration before the Magistrate

Court.

3. According to the petitioner, the investigation was not

conducted properly and the conclusions arrived at by the

Investigating Officer are without any basis. The learned

counsel further submitted that even going by the final report

an offence is actually made out, however, the Investigating

Officer had gone on a totally wrong tangent in arriving at the

conclusion that the case is one of civil nature, merely because WP(CRL.) NO. 612 OF 2023

the accused alleged that he had entered into an agreement to

repay the amount.

4. The learned Public Prospector expressed doubts on

whether the final report would have already been accepted.

5. The learned counsel for the petitioner submitted that

he had verified the files before the Judicial First Class

Magistrate Court, Thaliparamba, and printed out that though

R.C.No.101/2023 was filed, the same has not yet been

accepted.

6. Since the counsel for the petitioner asserted that

R.C.No.101/2023 is still pending on the files of Judicial First

Class Magistrate Court, Thaliparamba, I am of the view that

the contention now raised need not be considered since the

petitioner has a remedy before the learned Magistrate itself

through a protest complaint which can be preferred in

accordance with law.

7. Therefore, reserving the liberty of the petitioner to

approach the Judicial First Class Magistrate Court,

Thaliparamaba in R.C.No.101/2023 pending on its files with a

protest complaint, this writ petition is closed.

8. It is clarified that if in case, the petitioner is aggrieved

by any order of the Magistrate, the remedy in accordance with WP(CRL.) NO. 612 OF 2023

law can be pursued by the petitioner. The closure of this writ

petition shall not stand as a restriction on his right to

approach the appropriate Court.

Reserving the liberty of the petitioner, to pursue the

remedies in accordance with law before the jurisdictional

Magistrate Court, this writ petition is closed.

Sd/-

BECHU KURIAN THOMAS JUDGE AJM/14/8/23 WP(CRL.) NO. 612 OF 2023

APPENDIX OF WP(CRL.) 612/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE COMPLAINT FILED BEFORE THE HON'BLE JUDICIAL 1ST CLASS MAGISTRATE COURT, TALIPARAMBA AS CMP NO. 3433/2003 DATED 02.05.2023 Exhibit P2 TRUE COPY OF THE FIR IN CRIME NO.

699/2023 OF TALIPARAMBA POLICE STATION DATED 03.05.2023 Exhibit P3 TRUE COPY OF THE NOTICE GIVEN TO THE PETITIONER UNDER SECTION 157(2) AND 173(1)(B) CR.P.C.

Exhibit P4 TRUE COPY OF THE REPORT SUBMITTED BY THE 2ND RESPONDENT DATED 10.05.2023

//TRUE COPY//