Abdul Azeez vs The District Police Chief
2023 Latest Caselaw 10260 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 21ST DAY OF SEPTEMBER 2023 / 30TH BHADRA, 1945
                      WP(CRL.) NO. 961 OF 2023
PETITIONER:


            ABDUL AZEEZ, AGED 60 YEARS, S/O.MUHAMMED,
            THOTTIYIL HOUSE, AYYAYA ROAD, PAKKARA,
            TANALUR P.O., MALAPPURAM DISTRICT, PIN - 676307

            BY ADVS.
            BABU S. NAIR
            SMITHA BABU


RESPONDENTS:
    1     THE DISTRICT POLICE CHIEF, DISTRICT POLICE OFFICE,
          UPHILL, MALAPPURAM, PIN - 676505

    2       THE STATION HOUSE OFFICER,
            TIRURANGADI POLICE STATION,
            MALAPPURAM DISTRICT, PIN - 676306


OTHER PRESENT:
          HRITWICK CS PP

     THIS     WRIT   PETITION   (CRIMINAL)   HAVING   COME   UP   FOR
ADMISSION ON 21.09.2023, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
 WP(CRL.) NO. 961 OF 2023

                                       2




                      P.V.KUNHIKRISHNAN, J.
                 ------------------------------------------
                      W.P.(Crl). No.961 of 2023
                 -------------------------------------------
                Dated this the 21st day of September, 2023

                             JUDGMENT

This Writ Petition (Criminal) is filed with the following prayers:-

" i) Issue a writ of mandamus or any other appropriate writs, orders or directions commanding the first respondent to consider Exhibit p4 representation submitted by the petitioner, forthwith, without any further delay;

ii) Issue a writ of mandamus or any other appropriate writs, orders or directions commanding the respondents to conduct reinvestigation in Crime No.683/2016 of the Tirurangadi Police Station, after taking back the final report already submitted in the matter;

iii) Dispense with the filing of English translation the of Vernacular documents;

iv) Grant such other reliefs as this Hon'ble Court may deem fit and proper in the circumstances of the case.

(SIC)

2. When this writ petition came up for consideration, the

counsel for the petitioner submitted that the petitioner will be satisfied

if a direction is issued to the 1st respondent to consider Ext.P4 in which WP(CRL.) NO. 961 OF 2023

the prayer is for further investigation. I do not want to make any

observations about the merit of the matter. There can be a direction to

the 1st respondent to consider Ext.P4 and take appropriate decision and

intimate the decision to the petitioner within a time frame.

Therefore, this Writ Petition (Criminal) is disposed of with

following directions:-

1. The 1st respondent is directed to consider and take appropriate steps in accordance with law in Ext.P4 and intimate the decision to the petitioner, as expeditiously as possible, at any rate, within one month from the date of receipt of a certified copy of this judgment.

2. The petitioner will produce a certified copy of this judgment along with a copy of the writ petition before the 1st respondent for compliance.

Sd/-

P.V.KUNHIKRISHNAN, JUDGE AS WP(CRL.) NO. 961 OF 2023

APPENDIX OF WP(CRL.) 961/2023

PETITIONER'S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE F.I.R. IN CRIME NO.895/2016 OF THE TANUR POLICE STATION DATED, 18-10-2016

EXHIBIT P2 A TRUE COPY OF THE JUDGMENT IN W.P.

(CRL.)NO.400/2016 DATED, 25-10-2016 OF THIS HON'BLE COURT

EXHIBIT P3 A TRUE COPY OF THE F.I.R. IN CRIME NO.683/2016 OF THE TIRURANGADI POLICE STATION DATED, 26-10-2016

EXHIBIT P4 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT DATED, 13-9-2023

EXHIBIT P5 A TRUE COPY OF THE ACKNOWLEDGMENT DATED, 13-9-2023, SHOWING THE RECEIPT OF EXHIBIT P4 BY THE FIRST RESPONDENT