Madhu D vs The District Police Chief
2023 Latest Caselaw 9533 Ker

             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(C) NO. 27450 OF 2023
PETITIONER:

             MADHU D, AGED 55 YEARS, S/O DIVAKARAN, MANU
             BHAVANAM, MANGATTU, VAZHUVADI, THAZHAKKARA P.O.,
             MAVELIKKARA, ALAPPUZHA, PIN - 690101
             BY ADVS.
             MANU GOVIND
             A.JAYASANKAR


RESPONDENTS:

       1     THE DISTRICT POLICE CHIEF
             ALAPPUZHA, PIN - 688012
       2     DEPUTY SUPERINTENDENT OF POLICE
             CHENGANNUR, ALAPPUZHA, PIN - 689121
       3     STATION HOUSE OFFICER
             MAVELIKKARA, ALAPPUZHA, PIN - 690101
       4     SREEKANTH, S/O SIVANKUTTY, MANGATT HOUSE,
             VAZHUVADI, THAZHAKKARA P.O., MAVELIKKARA - 690102
OTHER PRESENT:

             SEENA. C, PP


        THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON    05.09.2023,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P(C).27450/2023                           2


                  P. V. KUNHIKRISHNAN, J.
               -------------------------------------------
                  W.P(C).No.27450 of 2023
               -------------------------------------------
           Dated this the 5th day of September, 2023

                                JUDGMENT

The above writ petition is filed with the following prayers:

(i) issue a writ in the nature of mandamus directing the first respondent to entrust the investigation of Crime No.422/2023 with some other officer other than the Circle Inspector of Police, Mavelikkara and to supervise the investigation by himself;

(ii) issue a writ in the nature of mandamus directing the first respondent to enquire into the allegations contained in Exhibit P3 complaint and to initiate appropriate action thereon

(iii) pass such any other direction, order or reliefs, as this Hon'ble Court may deem fit in the interest of justice, equity and good conscience.

[SIC]

2. The petitioner is the defacto complainant in Crime

No.422/2023. The above case is registered based on the complaint

filed by the petitioner alleging offences punishable under sections

452, 294(b), 341, 323, 324, 326, 506 and 427 r/w 34 of the Indian

Penal Code.

3. The prosecution case is that on 20.04.2023 at 10.45 p.m.,

the accused trespassed into the house of the petitioner and 1 st

accused hit him on his head using a stick, abused him with obscene

words and when the wife of the petitioner came to rescue him, the 2 nd

accused wrongfully restrained her and committed the offences

alleged above. The petitioner is aggrieved by the investigation

conducted in this case.

4. Heard learned counsel for the petitioner and the learned

Public Prosecutor.

5. The learned counsel for the petitioner reiterated the

contention raised in this writ petition. Learned Public Prosecutor

submitted that, after investigation, final report is already filed before

the Judicial First Class Magistrate Court, Mavalikkara and now it is

pending as C.C.No.723/2023.

6. Since the investigation of the case is already over and a

final report is filed and the matter is pending before the Court

concerned, it is not proper on the part of this Court to order further

investigation. Whether further investigation is necessary is to be

decided by the police authorities. Since there is serious grievance to

the petitioner about the investigation in this case, I am of the

considered opinion that, there can be a direction to the 1 st respondent

to summon the case diary in this case and will peruse the case diary

either by himself or an officer deputed by him and find out whether

there is any flow in the investigation. If it is found that there is any

irregularity in the investigation, the 1 st respondent will do the needful

in accordance to law.

Therefore this writ petition is disposed of with the following

directions:

(i) The 1st respondent District Police Chief, Alappuzha will summon the case diary in Crime No.422/2023 of Mavelikkara Police Station and will peruse the same either by himself or an officer deputed by him.

(ii) If any irregularity is found in the investigation after perusing the case diary, the 1 st respondent will do the needful in accordance to law.

(iii) The action taken by the 1st respondent will be intimated to the petitioner as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment.

Sd/-

P. V. KUNHIKRISHNAN JUDGE Sbna/

APPENDIX OF WP(C) 27450/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE FIRST INFORMATION REPORT NO. 422/2023 OF MAVELIKKARA POLICE STATION DATED 27.04.2023 Exhibit P2 TRUE COPY OF THE ORDER DATED 25.05.2023 IN BA NO.3568/2023 OF THIS HONOURABLE COURT Exhibit P3 TRUE COPY OF THE COMPLAINT DATED 15.06.2023 PREFERRED BY THE PETITIONER BEFORE THE FIRST RESPONDENT Exhibit P4 TRUE COPY OF THE RECEIPT IN PETITION NO.42021/2023/A ISSUED FROM THE FIRST RESPONDENT'S OFFICE DATED 15.06.2023