Geetha vs State Of Kerala
2023 Latest Caselaw 5861 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
     WEDNESDAY, THE 24TH DAY OF MAY 2023 / 3RD JYAISHTA, 1945
                       WP(CRL.) NO. 214 OF 2023
  IN CRIME NO.152/2021 OF TIRURANGADI POLICE STATION, MALAPPURAM




PETITIONER:

          GEETHA
          AGED 48 YEARS
          W/O BABURAJ,
          KOTTUVALAKKAD HOUSE,
          KARIPARAMB, THIRURANGADI,
          MALAPPURAM, PIN - 676306

          BY ADVS.
          NAVANEETH.N.NATH
          SANEL CHERIAN


RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY PUBLIC PROSECUTOR,
          HIGH COURT OF KERALA, PIN - 682031

    2     THE STATE POLICE CHIEF
          KERALA STATE POLICE HEAD QUARTERS,
          THIRUVANANTHAPURAM, PIN - 695010

    3     THE SUB INSPECTOR
          THIRURANGADI POLICE STATION,
          CHEMMAD, KERALA, PIN - 676306

    4     PRAJITHA
          W/O ABHILASH,
          VENGALATH HOUSE,
          PUTHENPEEDIKA, WEST PARAPPANANGADI,
          MALAPPURAM DISTRICT,PIN - 676319
           BY ADV
          NOUSHAD K.A
          PUBLIC PROSECUTOR



     THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
24.05.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(Crl).No.214 of 2023

                                     3




                       BECHU KURIAN THOMAS, J.
                      ====================
                        W.P.(Crl).No.214 of 2023
                     =====================
                      Dated this 24th day of May, 2023


                               JUDGMENT

Petitioner seeks for a direction to the 2nd respondent to consider

and take appropriate action on Ext.P2 representation.

2. Petitioner is the defacto complainant in Crime No.152/2021 of

Tirurangadi Police Station, alleging offences punishable under Section

420 of the Indian Penal Code, 1860.

3. According to the complaint, accused had collected an amount

of Rs.11,66,000/- from the defacto complainant, after promising to pay

interest every month and also collected 32 sovereigns of gold and

failed to return the money and the gold, despite repeated requests

and thereby committed the offence alleged against her. The FIR was

registered on 13.03.2021. Later, by Ext.P2, petitioner complained to

the State Police Chief that, she will not get justice due to the unholy

nexus of the accused with the Police. After filing the said

representation, this writ petition has been preferred seeking the relief

as noted earlier.

4. The learned Public Prosecutor, upon instructions, submitted

that the evidence revealed that there is no evidence for the alleged W.P.(Crl).No.214 of 2023

transaction and being a monetary dispute between the parties, a final

report was submitted referring the case as civil in nature and the refer

charge was accepted as R.C.No.1145/2021.

5. In view of filing of the refer report and the acceptance of the

same by the Magistrate's Court, the remedy of the petitioner is not by

preferring a representation in the nature of Ext.P2. The said

representation refers to Crime No.152/2021 and seeks for a direction

to have a proper investigation through another police officer.

6. Since, even before Ext.P2 representation was submitted, the

final report was filed and the same has been accepted by the learned

Magistrate, I am of the view that the relief sought for in this writ

petition cannot be allowed. However, petitioner will be entitled to

work out her remedies in accordance with law against the refer report.

With the above observations, this writ petition is dismissed.

Sd/-

BECHU KURIAN THOMAS JUDGE Jka/24.05.23.

W.P.(Crl).No.214 of 2023

APPENDIX OF WP(CRL.) 214/2023

PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF FIR IN CRIME NO. 152/2021 BEFORE THE TIRURANGADI POLICE STATION

Exhibit P2 TRUE COPY OF REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT ALONG WITH THE RECEIPT DATED 06.02.2023