Ajay Sankar vs Director General Of Police & State ...
2023 Latest Caselaw 7334 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
        THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
   TUESDAY, THE 27TH DAY OF JUNE 2023 / 6TH ASHADHA, 1945
                        WP(CRL.) NO. 516 OF 2023
PETITIONER    :

             AJAY SANKAR
             S/O SHANKARANARAYANAN,
             INDU NIVAS, GURUVAYOOR DESOM,
             CHAVAKKAD TALUK, THRISSUR DISTRICT - 680 511.
             BY ADV P.T.SHEEJISH


RESPONDENTS:

    1        DIRECTOR GENERAL OF POLICE & STATE POLICE CHIEF
             STATE POLICE HEADQUARTERS, VAZHUTHACAUD,
             THIRUVANANTHAPURAM - 695 010.
    2        DISTRICT POLICE CHIEF (COMMISSIONER OF POLICE),
             OFFICE OF THE DISTRICT POLICE CHIEF,
             THRISSUR CITY, RAMAVARMAPURAM RD,
             PALLIMOOLA, MANNUMKAD, RAMAVARMAPURAM,
             THRISSUR DISTRICT - 680 631.
    3        THE STATION HOUSE OFFICER
             PAVARATTY POLICE STATION, MULLASSERY.P.O.
             THRISSUR DISTRICT - 680 509.
    4        PRASANTH
             S/O SHANMUGHADAS, NEEROLIPADAN HOUSE,
             PAZHAYANNUR, THALAPPILLI,
             THRISSUR DISTRICT - 680 587.
    5        VASANTHI
             W/O SATHEESHAN, KAARANATH HOUSE,
             ELAVALLI, CHAVAKKAD TALUK,
             THRISSUR DISTRICT - 680 511.
             BY ADV GOVERNMENT PLEADER C.N.PRABHAKARAN



THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
27.06.2023,       THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(CRL.) 516/2023




                                                 2




                            BECHU KURIAN THOMAS, J
                           ...........................................
                              W.P.(Crl.) No.516 of 2023
                              .....................................
                       Dated this the 27th day of June, 2023

                                           JUDGMENT

Petitioner has approached this Court with the following reliefs:

i)Issue a writ of Mandamus or any appropriate writ, order or direction commanding the 2 nd respondent to immediately consider Ext.P3 complaint of the petitioner in Crime No.42/2023 of Pavaratty Police Station, and to conduct effective and speedy investigation in the same, so as to render the justice adequately.

ii)Any other relief which this Hon'ble Court may deem fit and necessary in the interest of justice.

iii)To dispense with the production of the translations of the vernacular documents.

2. Petitioner is the defacto complainant in Crime No.42/2023 of

Pavaratty Police Station. Based upon a complaint, Ext.P1 FIR

was registered on 17.01.2023 and investigation is continuing.

According to the petitioner, since the person included in Ext.P2

agreement, has not yet been arrayed as an accused in the FIR,

he had preferred a detailed complaint, as Ext.P3, before the 2 nd

respondent. Petitioner alleges that, despite Ext.P3 WP(CRL.) 516/2023

representation, no action has been initiated and the

investigation is proceeding without arraying the 5 th respondent

as an accused.

3. I have heard Sri.P.T.Sheejish, the learned counsel for the

petitioner and Sri.C.N.Prabhakaran, the learned Public

Prosecutor on behalf of respondents 1 to 3. Considering the

nature of order that I propose to issue, notices to respondent

Nos.4 and 5 are dispensed with.

4. The main relief sought for by the petitioner is for a

consideration of Ext.P3 complaint. The said complaint is

alleged to have been filed during the pendency of investigation

into Crime No.42/2023 of Pavaratty Police Station. It is

elementary that the manner in which the investigation is to be

conducted is to be determined by the Investigating Officer and

the courts should seldom interfere or issue directions to the

mode in which the investigation should be conducted.

Therefore, the relief sought for as such cannot be allowed.

5. However, it is necessary to observe that whenever any

materials are brought to the notice of the Investigating Officer WP(CRL.) 516/2023

especially those submitted by the defacto complainant or comes

to the notice of the investigating officer through any other

source, it is incumbent upon him to conduct investigation in

those lines also. There is no reason to assume that the

complaint filed by the petitioner, as Ext.P3, before the District

Police Chief will not be forwarded to the Investigating Officer

in Crime No.42/2023 of Pavaratty Police Station or that he will

not consider the implication of the said representation.

6. In view of the above, I find no reason to issue any specific

directions to the Investigating Officer. Needless to mention the

representation of the petitioner should also be taken into

reckoning by the Investigating Officer during the conduct of

investigation into Crime No.42/2023 of Pavaratty Police Station

as it amounts to an information into the said crime.

With the above observations, this writ petition is disposed of.

sd/-

BECHU KURIAN THOMAS JUDGE AMV/27/06/2023 WP(CRL.) 516/2023

APPENDIX OF WP(CRL.) 516/2023

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE FIR IN CRIME NO.

42/2023 OF PAVARATTY POLICE STATION Exhibit P2 TRUE COPY OF THE AGREEMENT DATED 04.09.2021 ALONG WITH MONEY TRANSFER AGREEMENT DATED 17.10.2021 ENTERED BETWEEN THE MR.PRASANTH AND MRS.

VASANTHI Exhibit P3 THE TRUE COPY OF THE COMPLAINT DATED 18.01.2023, WHICH WAS AGAIN SEND ON 16.05.2023 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT Exhibit P4 THE TRUE COPY OF THE E-MAIL RECEIPTS FOR THE COMPLAINTS PREFERRED BY THE PETITIONER DATED 16.05.2023 Exhibit P5 TRUE COPY OF THE SCREENSHOTS FROM THE GANDHI JAYANTI FUNCTIONS VIDEO TELECAST CONDUCTED IN MALATHY UP SCHOOL, VAKA

TRUE COPY