Gavaskar vs The State Of Kerala
2023 Latest Caselaw 10798 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
 THURSDAY, THE 19TH DAY OF OCTOBER 2023 / 27TH ASWINA, 1945
                  WP(CRL.) NO. 243 OF 2021
PETITIONER:

         GAVASKAR
         AGED 40 YEARS, S/O. ABDUL KHARIM,
         QTR NO.B-13, SAP QUARTERS, PEROORKADA,
         THIRUVANANTHAPURAM-695005.
         BY ADVS.
         C.P.UDAYABHANU
         NAVANEETH.N.NATH
         BOBAN PALAT
         P.U.PRATHEESH KUMAR
         P.R.AJAY
         RASSAL JANARDHANAN A.
         ABHISHEK M. KUNNATHU

RESPONDENTs:

    1    THE STATE OF KERALA
         REPRESENTED BY THE SECRETARY, HOME DEPARTMENT,
         SECRETARIAT, THIRUVANANTHAPURAM-695001.
    2    THE SUPERINTENDENT OF POLICE,
         STATE CRIME BRANCH,
         THIRUVANANTHAPURAM, PIN-695001.
    3    THE SHO, MUSEUM POLICE STATION,
         THIRUVANANTHAPURAM, PIN-695027.

         BY ADVS.SREEJA V, PP
         DIRECTOR GENERAL OF PROSECUTION
         SHRI.SAJJU.S., SENIOR G.P.
         SHRI.P.NARAYANAN, ADDL.PUBLIC PROSECUTOR


    THIS WRIT PETITION (CRIMINAL) HAVING COME UP
FOR ADMISSION ON 19.10.2023, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
 WP Crl.No.243/2021

                                   2




                   P.V.KUNHIKRISHNAN, J.
                    --------------------------------
                   W.P.(Crl.) No.243 of 2021
             ----------------------------------------------
           Dated this the 19th day of October, 2023


                             JUDGMENT

This writ petition is filed with following prayers:

(i) Issue a writ of mandamus or any other appropriate writ, order or direction to call for the investigation report of Museum police station Crime No. 645/29018 re-registered as Crime No 166/CR/HHW- I/TVPM/2018 submitted before the official superiors and direct R2 to submit the same before the concerned Magistrate Court without further delay.

(ii) Grant such other and further relief, as this Hon'ble court may deem fit and proper in the facts and circumstances of the case.

2. The petitioner is the defacto complainant in Crime

No.645/2018 of Museum police station, which was registered

under Sections 294(b), 332 and 324 of the Indian Penal Code.

The petitioner is a police driver who was working with the

then ADGP of Armed Battalion. Even though he was a WP Crl.No.243/2021

Government servant engaged by his officials for driving the

car, it is the case of the petitioner that the family members of

the then ADGP treated him as a servant and abused him.

Consequently the case was registered. The grievance of the

petitioner is that even though the case was subsequently

investigated by the Crime Branch and the report was

submitted before the ADGP for approval, the same is not

approved and the case is not filed before the Court. Hence

this writ petition.

3. Today, when the matter came up for consideration,

the Public Prosecutor submitted that there was some defect in

the report submitted before the ADGP and the same is

returned to the Crime Branch and it will be cleared and the

draft charge will be submitted before the ADGP shortly.

4. If that be the case, this writ petition can be

disposed of directing the Crime Branch Authority to submit a

draft charge within a time frame and there can be a direction

to the ADGP to take consequential steps and submit the report

before the jurisdictional court within a time frame.

Therefore, this writ petition (criminal) is disposed of in

the following manner:

WP Crl.No.243/2021

1. The Superintendent of Police, Crime Branch,

Alappuzha is directed to submit the draft

charge in Crime No.166/CR/HHW-I/TVPM/

2018 to the Additional Director General of

Police (Crimes), as expeditiously as possible,

at any rate, within two weeks from the date of

receipt of a stamped certified copy of this

judgment.

2. Once the report is received, the Additional

Director General of Police (Crimes) will

consider the draft charge and take necessary

steps to submit the report before the

jurisdictional court, as expeditiously as

possible, at any rate, within two months from

the date of receipt of the draft charge.

sd/-

                                                 P.V.KUNHIKRISHNAN
JV                                                      JUDGE
 WP Crl.No.243/2021





                 APPENDIX OF WP(CRL.) 243/2021

PETITIONER EXHIBITS
Exhibit P1        A TRUE COPY OF THE FIR IN CRIME

NO.645/2018 DATED 14.6.2018 OF MUSEUM POLICE STATION.

Exhibit P2 A TRUE COPY OF THE FIR IN CRIME NO.646/2018 DATED 14.6.2018 OF MUSEUM POLICE STATION.

Exhibit P3 A TRUE COPY OF THE FACTUAL REPORT SIGNED BY R2 BEFORE THE HON'BLE CJM COURT, THIRUVANANTHAPURAM.