Swathy Mohan vs State Of Kerala
2023 Latest Caselaw 13588 Ker

Kerala High Court

Swathy Mohan vs State Of Kerala on 21 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
THURSDAY,THE 21ST DAY OF DECEMBER 2023/ 30TH AGRAHAYANA, 1945
                    WP(CRL.) NO. 1338 OF 2023
     CRIME NO.28/2023 OF Trivandrum Excise Circle Office
PETITIONER/S:

            SWATHY MOHAN
            AGED 28 YEARS
            W/O. RAHUL RAJ, AMBADI HOUSE, VATTIYOORKKAVU,
            MANIKANDESWARAM. P.O., VETTIKONAM,
            THIRUVANANTHAPURAM, PIN - 695013
            BY ADVS.
            K.K.DHEERENDRAKRISHNAN
            N.P.ASHA

RESPONDENTS:

    1       STATE OF KERALA
            REP. BY HOME SECRETARY,
            GOVERNMENT SECRETARIAT,
            THIRUVANANTHAPURAM, PIN - 695001
    2       STATE POLICE CHIEF
            POLICE HEADQUARTERS, VAZHUTHACAUD,
            THIRUVANANTHAPURAM, PIN - 695014
    3       COMMISSIONER EXCISE
            EXCISE COMMISIONERATE, VIKAS BHAVAN.P.O.,
            NANDAVANAM, THIRUVANANTHAPURAM, PIN - 695033
    4       DEPUTY EXCISE COMMISSIONER
            EXCISE COMMISIONERATE, VIKAS BHAVAN.P.O.,
            NANDAVANAM, THIRUVANANTHAPURAM, PIN - 695033
    5       EXCISE CIRCLE INSPECTOR
            EXCISE ENFORCEMENT AND ANTI NARCOTIXC SPECIAL
            SQUAD, THIRUVANANTHAPURAM,, PIN - 695033
    6       ADDITIONAL DIRECTOR GENERAL OF POLICE
            CRIME BRANCH, POLICE HEADQUARTERS, VAZHUTHACAUD,
            THIRUVANANTHAPURAM., PIN - 695014
            SRI RENJITH TR, PP
     THIS    WRIT   PETITION   (CRIMINAL)   HAVING   COME   UP   FOR
ADMISSION ON 21.12.2023, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
 W.P.(Crl.) No.1338 of 2023

                                          2




                       P.V.KUNHIKRISHNAN, J.
                        --------------------------------
                      W.P.(Crl.) No.1338 of 2023
                 ----------------------------------------------
              Dated this the 21st day of December, 2023


                                JUDGMENT

This writ petition (criminal) is filed with following

prayers:

i) issue a writ of mandamus or any other writ or direction, directing the 3rd respondent to consider Exhibit P2 representation and entrust the investigation of Ext. P1 CR No. 28/2023 registered by the 5th respondent to 6th respondent or a superior officer for a fair and impartial investigation.

ii) issue a writ of mandamus directing the respondent no. 3 to consider and dispose the P2 representations submitted by the petitioner as expeditiously as possible with in a time frame;

iii) issue any other writ or direction which this Hon'ble court may deem fit on the facts of the case. (SIC)

2. Petitioner is the wife of an accused in Crime

No.28/2023 of Trivandrum Excise Circle Office,

Thiruvananthapuram. The petitioner is aggrieved by the

investigation conducted in the above case. The petitioner

submitted Ext.P2 representation before the 3rd respondent.

The grievance of the petitioner is that the same is not

considered.

3. Heard the learned counsel for the petitioner and

the learned Public Prosecutor.

4. Without expressing any opinion on merit, there can

be a direction to the 3rd respondent to look into Ext.P2 and

take appropriate steps and inform the decision to the

petitioner within a time frame.

Therefore, this this writ petition is disposed of with

following directions:

1. The 3rd respondent will look into Ext.P2 and

take appropriate decision in it and inform

the decision taken to the petitioner, as

expeditiously as possible, at any rate, within

six weeks from the date of receipt of a copy

of this judgment.

2. The petitioner will produce a certified copy

of this judgment along with a copy of this

writ petition (criminal) with exhibits before

the 3rd respondent for compliance.

sd/-

P.V.KUNHIKRISHNAN JV JUDGE

APPENDIX OF WP(CRL.) 1338/2023

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE OCCURANCE REPORT IN CR NO. 28/2023 REGISTERED BY THE 5TH RESPONDENT Exhibit P2 A TRUE COPY OF THE REPRESENTATION DATED 30.11.2023 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT ALONG WITH RECEIPT OF ACKNOWLEDGEMENT