Kerala High Court
Muhammed Ashraf P.P vs The State Of Kerala on 8 December, 2023
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 8TH DAY OF DECEMBER 2023 / 17TH AGRAHAYANA, 1945
WP(CRL.) NO. 1277 OF 2023
CRIME NO.243/2017 OF Malappuram Police Station, Malappuram
PETITIONER(S):
MUHAMMED ASHRAF P.P.
AGED 32 YEARS
S/O. IBRAHIM HAJI, PALLIYALI PEEDIYAKKEL HOUSE,
ALATHURPADI, MELMURI, MALAPPURAM DISTRICT, PIN - 676514
BY ADV K.S.PRAVEEN
RESPONDENT(S):
1 THE STATE OF KERALA
REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY, HOME
DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
PIN - 695001
2 THE STATE POLICE CHIEF
POLICE HEADQUARTERS, VAZHUTHACAUD, TRIVANDRUM,
PIN - 695010
3 THE DISTRICT POLICE CHIEF
OFFICE OF THE DISTRICT POLICE CHIEF, UPHILL,
MALAPPURAM, PIN - 676505
4 THE DEPUTY SUPERINTENDANT OF POLICE
C-BRANCH, MALAPPURAM, PIN - 676505
5 THE STATION HOUSE OFFICER
MALAPPURAM POLICE STATION, MALAPPURAM DISTRICT,
PIN - 676505
BY ADV.SRI. S. SAJJU, PP
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
08.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P(Crl.)No.1277 of 2023
2
P.V.KUNHIKRISHNAN, J.
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W.P.(Crl.)No.1277 of 2023
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Dated this the 08th day of December, 2023
JUDGMENT
This Writ Petition (Crl.) is filed with the following
prayers:
"i) Issue a writ of mandamus or any other
appropriate writs, orders or directions directing the
respondents to conduct further investigation of Crime
No.243/2017 of the Malappuram Police Station so as to
include all the wrongdoers as accused in the matter;
ii) Issue a writ of mandamus or any other
appropriate writs, orders or directions directing the 2 nd
and 3rd respondents to depute a competent superior police
officer to supervise the further investigation of Crime
No.243/2017 of the Malappuram Police Station consider;
iii) Declare that exclusion of one of the accused from
the array of accused is illegal as there is incriminating
evidence pointing out the complicity of that wrongdoer;
iv) Dispense with the filing of English translation of
Vernacular documents;
v) Grant such other reliefs as this Hon'ble Court may
deem fit and proper in the circumstances of the case."
2. The grievance of the petitioner was that, instead
of 'Palakkan Ameer', 'Pulliyil Ameer' was impleaded as
accused in Crime No.243/2017. Subsequently, a further
investigation was conducted and 'Palakkan Ameer' was
impleaded. Now the petitioner says that one 'Muhammed
Jasim' is also involved in the case.
3. According to me, this Writ Petition need not be
entertained. The petitioner has got a remedy by filing a
private complaint before the jurisdictional court or can
adduce evidence before the court at the appropriate stage.
Granting liberty to the petitioner to do the needful in
accordance with law, this Writ Petition (Crl.) is disposed of.
Sd/-
P.V.KUNHIKRISHNAN
DM JUDGE
APPENDIX OF WP(CRL.) 1277/2023
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE COMPLAINT SUBMITTED
BY THE PETITIONER IN THE MONTH OF
FEBRUARY, 2023 AS AGAINST THE LOPSIDED
INVESTIGATION IN CRIME NO.243/2017 OF
THE MALAPPURAM POLICE STATION
EXHIBIT P2 A TRUE COPY OF THE RECEIPT DATED 2-3-
2023 ACKNOWLEDGING EXHIBIT P1 ISSUED
FROM STATE POLICE HEADQUARTERS
EXHIBIT P3 TRUE COPY OF THE REPORT ALONG WITH
SUPPLEMENTARY FINAL REPORT IN CRIME
NO.243/2017 OF THE MALAPPURAM POLICE
STATION SUBMITTED BY THE 4TH RESPONDENT
DATED, 18-10-2023
EXHIBIT P4 TRUE COPY OF THE SECTION 161 CR.P.C.
STATEMENT OF THE PETITIONER RECORDED BY
THE 4TH RESPONDENT ON 31-8-2023
EXHIBIT P5 TRUE COPY OF THE F.I.R. AND F.I.S. IN
CRIME NO.1125/2023 OF THE MALAPPURAM
POLICE STATION DATED 31-08-2023
RESPONDENTS EXHIBITS :NIL
//TRUE COPY// PA TO JUDGE
