Niji C S vs State Of Kerala
2023 Latest Caselaw 1051 Ker

W.P.(Crl.).No.385/21                 1




              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
            THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
   TUESDAY, THE 17TH DAY OF JANUARY 2023 / 27TH POUSHA, 1944
                       WP(CRL.) NO. 385 OF 2021
PETITIONER:

             NIJI C.S,
             AGED 39 YEARS,
             S/O.CHANDRAN, NIJI BHAVAN,
             VAYYANAM.P.O, ITTIVA, KADAKKAL,
             KOLLAM-691 533.

             BY ADV LIJU.M.P.



RESPONDENTS:

      1      STATE OF KERALA,
             REPRESENTED BY SECRETARY TO HOME DEPARTMENT,
             GOVT.SECRETARIAT, THIRUVANANTHAPURAM-695 010.

      2      THE DIRECTOR GENERAL OF POLICE,
             STATE POLICE CHIEF, POLICE HEAD QUARTERS,
             VELLAYAMBALAM,
             THIRUVANANTHAPURAM DISTRICT-695 010.

      3      THE SUPERINTENDENT OF POLICE,
             DISTRICT POLICE CHIEF, OFFICE OF SUPERINTENDENT OF
             POLICE, ASRAMAM ROAD, ASRAMAM, KOLLAM-691 001.

      4      THE CIRCLE INSPECTOR OF POLICE(SHO),
             CIRCLE OFFICE, KADAKKAL, KOLLAM-691 536.

      5      THE SUB INSPECTOR OF POLICE,
             KADAKKAL POLICE STATION, KOLLAM DISTRICT-691 536.
 W.P.(Crl.).No.385/21                   2




      6       ANEEZ,
              AGED 31 YEARS
              S/O.SHAHUL HAMEED, ANEES MANZIL, THULASIMUKKU,
              KUMMIL.P.O, KOLLAM-691 536.

              BY ADVS.
              SRI.M.P.PRASHANTH, GOVERNMENT PLEADER



       THIS    WRIT    PETITION   (CRIMINAL)   HAVING   COME   UP   FOR
ADMISSION ON 17.01.2023, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
 W.P.(Crl.).No.385/21                         3

                                JUDGMENT

This writ petition is filed by the petitioner highlighting his

grievance against the lack of proper investigation in Crime

No.1384 of 2021 of Kadakkal Police Station, wherein he was the

de facto complainant. Today when the matter came up for

consideration, the learned counsel for the petitioner brought the

attention of this Court to Ext.P8 communication issued by the

District Police Chief, Kollam Rural, wherein the petitioner was

informed that the investigation of the said crime is entrusted with

the DYSP DCRB, Kollam Rural. In such circumstances, no further

orders are necessary in this writ petition and accordingly, this

writ petition is closed recording the above facts. However, it is

clarified that this shall not preclude the petitioner from

approaching this Court against if any deficiency is found in the

investigation now being conducted.

Sd/-

ZIYAD RAHMAN A.A.

JUDGE DG/17.1.23

APPENDIX OF WP(CRL.) 385/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE FIR DATED 27.09.2021 IN CRIME NO.1384/2021 OF KADAKKAL POLICE STATION, KOLLAM DISTRICT.

Exhibit P2 TRUE COPY OF FIR IN CRIME NO.1385/2021 OF KADAKKAL POLICE STATION, KOLLAM DISTRICT ,DATED 27.09.2021.

Exhibit P3 TRUE COPY OF THE FIR IN CRIME NO.682/2018 OF KADAKKAL POLICE STATION,KOLLAM DISTRICT DATED 10.04.2018.

Exhibit P4 TRUE COPY OF THE STATEMENT OF PETITIONER BEFORE THE DEPUTY SUPERINTENDENT OF POLICE,KOTTARAKKARA.

Exhibit P5 TRUE COPY OF THE PETITION DATED 30.10.2021 SUBMITTED BEFORE THE 2ND RESPONDENT.

Exhibit P6 TRUE COPY OF THE ACKNOWLEDGMENT CARD ADDRESSED TO THE 2ND RESPONDENT

Exhibit P7 TRUE COPY OF REPRESENTATION DATED 12.11.2021 ADDRESSED TO CHIEF MINISTER OF KERALA.

Exhibit P8 TRUE COPY OF THE REPLY 16.12.2022 GIVEN TO THE PETITION FILED UNDER THE 'RIGHT TO INFORMATION ACT' ALONG WITH DOCUMENTS GIVEN THEREUNDER