Kerala High Court
P. A. Ramla vs The Inspector Of Police on 16 October, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 16TH DAY OF OCTOBER 2023 / 24TH ASWINA, 1945
W.P.(CRL.) NO.752 OF 2022
PETITIONER:
P.A. RAMLA,
AGED 70 YEARS, W/O. LATE ABDUL GAFOOR,
NO.23/685A, KMP ROAD, NEAR MUJAHID MOSC,
PALLURUTHY, ERNAKULAM-682 006.
BY ADV. K.V.SABU
RESPONDENTS:
1 THE INSPECTOR OF POLICE,
FORT KOCHI POLICE STATION-682 001.
2 ASSISTANT COMMISSIONER OF POLICE,
LAW & ORDER, MATTANCHERY-682006.
3 SUPERINTENDENT OF POLICE,
CBCID, (ECONOMIC OFFENCES WING), ERNAKULAM,
TRIPUNITHURA-682 301.
4 COMMISSIONER OF POLICE,
COCHIN CITY, ERNAKULAM-682 035.
5 DGP OF POLICE,
LAW & ORDER, POLICE HEAD QUARTERS,
THIRUVANANTHAPURAM-695 004.
6 SHAHEER K.H.,
S/O HAMSA, KOLACKAL HOUSE,
CHIRATTAPALAM, FORT KOCHI-682 001.
7 FATHIMA C.A.,
W/O ABDUL JABBAR, 3/474,
CHALIL HOUSE,
MADAVANA-680 666.
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W.P.(CRL.) NO.752 OF 2022
8 MUHAMMED FAROOKH RASACK,
S/O ABDUL RASACK, PARTNER,
S.N.MARINE PRODUCTS,
MADAVANA, ROOM NO.1, ALFA SANGHYANA BUILDING,
NEW SOUTH WARF, BANDOOR, MANGALORE-575 001.
9 THOMAS NAINAN,
AGED 45 YEARS, S/O. LATE NINAN,
D87, KARTHIK KRISHNA COMPLEX,
KODAVOOR VILLAGE, UDUPPI, KARNATAKA-576 108.
10 RAJAN THOMAS,
S/O. E.P. YOHANNAN, KONNI, CHERIYANAD P.O.,
CHENGANNUR, ALAPPUZHA-689 506.
11 V.B.ANIL KUMAR,
THOPPIL HOUSE,
PALLIPPURAM VILLAGE, CHERAYI-683 514.
12 SHAMEEM,
AGED 29 YEARS, S/O. SHAREEF,
OTTAMALIYAKKAL HOUSE, C.C.13/776B,
KARUVELIPPADI, THOPPUMPADI P.O., PIN-682 005.
13 FARSANA,
W/O SHAMEEM SHAREEF,
MANGALATH HOUSE,
KAPPALANDIMUKKU-682 002.
14 RAHIM,
AGED 47 YEARS, S/O. SHAMSU,
KARUPPAN HOUSE,
PATTANAKKAD, ALAPPUZHA-688 531.
15 M.NASEEMA,
AGED 55 YEARS, W/O. ALI BAVA,
7/1212, K.C.ROAD, KAPPALANDIMUKKU,
THOPPUMPADI, ERNAKULAM-682 005.
BY ADVS.
ADVOCATE GENERAL OFFICE KERALA
P.A.MUJEEB
C.Y. VINOD KUMAR
VISHNU DAS
P.M.MOHAMMED HASSAN(K/73/2007)
TINU JOHNSON(K/281/2014)
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W.P.(CRL.) NO.752 OF 2022
SRUTHI DAS(K/000199/2019)
JISHMA K.S(K/476/2019)
MARIA NEETHU T.J(K/000581/2021)
ANJITHA ANIL KUMAR(K/000875/2021)
ANAGHA A.S.(K/001213/2022)
SRI. M.P. PRASANTH, PUBLIC PROSECUTOR
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 16.10.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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W.P.(CRL.) NO.752 OF 2022
P.V. KUNHIKRISHNAN, J.
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W.P.(Crl.) No.752 of 2022
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Dated this the 16th day of October, 2023
JUDGMENT
This Writ Petition (Criminal) is filed with the following
prayers:-
I) Issue writ of mandamus, direction or order
directing the 5th respondent to entrust the
investigation of Crime No.291/2022 of Fort Kochi
Police Station to the 3rd respondent herein i.e. the
CBCID, Economic Wing for conducting proper
investigation.
And
II) Issue such other orders as is necessary for the
fair disposal of this case.
2. Today, when the matter came up for
consideration, the Public Prosecutor submitted that the
crime itself is referred by the Police. If that is the case, the
remedy of the petitioner is to file a protest complaint, if she
is aggrieved.
Granting liberty to the petitioner to take appropriate
steps in accordance with law, this Writ Petition (Criminal)
W.P.(CRL.) NO.752 OF 2022
is closed. All the contentions raised by the petitioner in this
writ petition are left open and the petitioner is free to
agitate the same in accordance with law.
Sd/-
P.V. KUNHIKRISHNAN
JUDGE
bpr
W.P.(CRL.) NO.752 OF 2022
APPENDIX OF WP(CRL.) 752/2022
PETITIONER'S EXHIBITS
Exhibit P1 A COPY OF THE APPOINTMENT LETTER DATED
1.8.2017.
Exhibit P2 COPY OF THE RECEIPT ISSUED TO THE
ELDEST SON OF THE PETITIONER FROM THE
MATTANCHERY POLICE STATION, FORT KOCHI
DATED 3.11.2020.
Exhibit P3 COPY OF THE RECEIPT ISSUED TO THE WIFE
OF THE PETITIONER'S ELDEST SON FROM THE
MATTANCHERY POLICE STATION, FORT KOCHI
DATED 9.10.2021.
Exhibit P4 COPY OF THE RECEIPT ISSUED TO THE
PETITIONER'S ELDEST SON FROM THE
MATTANCHERY POLICE STATION, FORT KOCHI
DATED 15.11.2021.
Exhibit P5 COPY OF THE RECEIPT ISSUED TO MABLE
DESMON FROM THE MATTANCHERY POLICE
STATION, FORT KOCHI DATED 26.2.2022.
Exhibit P6 A COPY OF THE RECEIPT ISSUED FROM THE
PALLURUTHY POLICE STATION DATED
2.11.2020 TO THE PETITIONER'S ELDEST
SON.
Exhibit P7 COPY OF THE RECEIPT ISSUED TO THE
YOUNGEST SON OF THE PETITIONER DATED
2.11.2020.
Exhibit P8 A COPY OF THE COMPLAINT DATED 3.11.2020
FILED BEFORE THE ASSISTANT POLICE
COMMISSIONER, MATTANCHERY.
Exhibit P9 A COPY OF THE COMPLAINT DATED 2.11.2020
FILED BY MR.JABEER.
Exhibit P10 COPY OF THE COMPLAINT FILED BY THE
PETITIONER BEFORE THE INSPECTOR OF
W.P.(CRL.) NO.752 OF 2022
POLICE, PALLURUTHY DATED 20.2.2021.
Exhibit P11 A COPY OF THE COMPLAINT IN M.P.
NO.167/2022 FILED BEFORE THE LEARNED
JFCM COURT-1, KOCHI.
Exhibit P12 A COPY OF THE NOTICE U/S 160(1) CR.P.C.
DATED NIL ISSUED FROM S.I. OF POLICE,
FORT KOCHI.
Exhibit P13 A COPY OF THE AGREEMENT DATED
25.11.2021 ENTERED BETWEEN THE
PETITIONER'S ELDEST SON AND MR. RAJAN
THOMAS, 10TH RESPONDENT.
Exhibit P14 COPY OF THE KAICHIT DATED 25.11.2021.
Exhibit P15 COPY OF THE LEDGER ACCOUNTS OF THE
PETITIONER'S SON MAINTAINED IN THE SJS
AGENCIES FROM 16.1.2021 TO 26.3.2021.
Exhibit P16 A COPY OF THE ORDER DATED 14.2.2022 OF
HON'BLE PRINCIPAL SESSIONS JUDGE,
UDUPI, MANGALAPURAM IN CRI.MISC.
NO.18/2022.
Exhibit P17 A COPY OF THE NOTICE DATED 8.3.2022
ISSUED BY THE 10TH RESPONDENT.
Exhibit P18 A COPY OF THE REPLY NOTICE DATED
2.4.2022 ISSUED BY THE PETITIONER'S
SON.
Exhibit P19 A COPY OF THE SUMMONS DATED 27.5.2022
IN CC NO.1529/2022 ISSUED FROM 4TH
ADDITIONAL CIVIL JUDGE & JMFC, UDUPI.
Exhibit P20 A COPY OF THE COMPLAINT DATED 4.8.2022
FILED BEFORE THE 2ND RESPONDENT.
Exhibit P21 COPY OF THE RECEIPT ISSUED ON 5.8.2022
FROM THE MATTANCHERY POLICE STATION.
