Kerala High Court
O.J. Paulose vs Paulose K.C on 5 September, 2023
WP(CRL.) NO. 886 OF 2023 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 5TH DAY OF SEPTEMBER 2023 / 14TH BHADRA, 1945
WP(CRL.) NO. 886 OF 2023
PETITIONER/S:
O.J. PAULOSEAGED 62 YEARSS/O. LATE ULAHANNAN,
OONNUKALLUMPURATH HOUSE, MULAKULAM NORTH P.O.,
PIRAVOM , ERNAKULAM DISTRICT, PIN - 686664
BY ADVS.
JOHNSON MANAYANI
JEEVAN MATHEW MANAYANI
RESPONDENT/S:
1 PAULOSE K.CS/O. CHERIAN, KOTTARAKUNNEL HOUSE,
PIRAVOM VILLAGE, MULAKULAM NORTH P.O., ERNAKULAM
DIST, PIN - 686664
2 THE CIRCLE INSPECTOR OF POLICEPIRAVOM CIRCLE,
PIRAVOM P.O., ERNAKULAM DIST, PIN - 686664
3 THE DEPUTY SUPERINTENDENT OF POLICEMUVATTUPUZHA
P.O., ERNAKULAM DISTRICT, PIN - 686661
4 THE DISTRICT SUPERINTENDENT OF POLICE (RURAL)PERIYAR
NAGAR, SUB JAIL ROAD, ALUVA P.O., ERNAKULAM
DISTRICT, PIN - 683101
OTHER PRESENT:
RENJITH T.R
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 05.09.2023, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
WP(CRL.) NO. 886 OF 2023 2
P.V.KUNHIKRISHNAN, J
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W.P.(Crl.) No. 886 of 2023
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Dated this the 5th day of September, 2023
JUDGMENT
The above writ petition (Crl.) is filed with following
prayers :
(i) "Issue a Writ of Mandamus or any other Writ,
directions or Order commanding the respondents 4&5 to
investigate the offences pertaining to Exts.P4 and P5 FIRs.
(ii) Declare that the investigation by a superior police
officer other than the respondents 2&3 pertaining to FIRs
Exts.P4 and P5.
(iii) Issue such other order or direction as deem fit and
necessary by this Hon'ble Court." [SIC]
2. It is the case of the petitioner that he was attacked
by the 1st respondent and his supporters. Hence, Exts.P1 and
P2 were filed before the 3 rd respondent and before respondent
Nos. 4 and 5. Further, Ext.P3 interim police protection order
was passed by this Court. It is the case of the petitioner that
the investigation in Exts.P4 and P5 FIR is not conducted
properly and hence, the petitioner submitted Ext.P6 before the
4th respondent. The grievance of the petitioner is that the same
is not considered.
3. Heard the learned counsel for the petitioner and the
learned Public Prosecutor. No notice is necessary to the 1 st
respondent because of the way in which this writ petition
(Crl.) is going to be disposed of.
4. The grievance of the petitioner is that no action is
taken in Ext.P6 by the 4th respondent. There can be a direction
to the 4th respondent to look into Ext.P6 and take appropriate
steps in accordance with law and inform the result to the
petitioner within a time frame.
Therefore, this writ petition (Crl.) is disposed of with the
following directions :
1) The 4th respondent will consider Ext.P6 and will take
appropriate steps in accordance with law and inform the
result to the petitioner as expeditiously as possible, at any
rate, within two months from the date of receipt of a
certified copy of this judgment.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
APPENDIX OF WP(CRL.) 886/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE PETITION FILED BY THE
PETITIONER BEFORE THE 3RD RESPONDENT DT
5.2.2022
Exhibit P2 TRUE COPY OF THE PETITION FILED BEFORE THE
RESPONDENTS 3 & 4 DT 6.2.2022
Exhibit P3 TRUE COPY OF THE INTERIM ORDER GRANTED IN
WP(C) NO.4092/2022 DT 8.2.2022
Exhibit P4 TRUE COPY OF THE F.I.R. NO.139/2022 OF THE
PIRAVOM POLICE STATION DATED.12.2.2022
Exhibit P5 TRUE COPY OF FIR NO.140/2022 OF THE
PIRAVOM POLICE STATION DATED.12.2.2022
Exhibit P6 THE TRUE COPY OF THE PETITION FILED BY THE
PETITIONER BEFORE THE RESPONDENTS 4&5 DT
10.8.2023
