Kerala High Court
Nandakumar vs State Of Kerala on 8 September, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 8TH DAY OF SEPTEMBER 2023 / 17TH BHADRA, 1945
WP(CRL.) NO. 749 OF 2023
AGAINST THE ORDER/JUDGMENT CC 131/2021 OF JUDICIAL
MAGISTRATE OF FIRST CLASS -I,THIRUVANANTHAPURAM
PETITIONER/S:
NANDAKUMAR,AGED 39 YEARS
TC 8/1673, KUZHIVILLA VEEDU, DURGA LANE, BAPUJI
NAGAR, PONGUMMOODU, SREEKARYAM,
THIRUVANANTHAPURAM, PIN - 695017
BY ADVS.
K.P.SUJESH KUMAR
KEERTHI K.NARAYANAN
S.SHALU
ASWIN B.
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, HOME DEPARTMENT,
SECRETARIAT, STATUE, THIRUVANANTHAPURAM, PIN -
695001
2 DIRECTOR GENERAL OF POLICE
POLICE HEAD QUARTERS, VAZHUTHACAUD,
THIRUVANANTHAPURAM, PIN - 695001
3 THE STATION HOUSE OFFICER
SREEKARYAM, THIRUVANANTHAPURAM, PIN - 695017
4 EMMANUVEL, AGED 70 YEARS
S/O THOMAS, TC 8/1664, BN-128, DURGA LANE, BAPUJI
NAGAR, PONGUMMOODU, SREEKARYAM,
THIRUVANANTHAPURAM, PIN - 695017
BY ADV GOVERNMENT PLEADER
OTHER PRESENT:
SEENA. C PP
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 08.09.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
-2-
W.P.(Crl.) No.749 of 2023
P.V.KUNHIKRISHNAN, J.
======================================================
W.P.(Crl.) No.749 of 2023
=============================================================
Dated this the 8th day of September, 2023
JUDGMENT
The above writ petition is filed with following prayers:
"[i] issue a writ of mandamus or any other appropriate
writ, direction or order commanding the third respondent
to complete the investigation in Exhibit P2 crime as
expeditiously possible.
[ii] stay all further proceedings pursuant to Exhibit P3 till
filing of final report by the police in Exhibit P2 crime.
[iii] issue such other further reliefs as this Honourable
Court deem fit and proper to grant in the circumstances of
the case.
[iv] issue appropriate direction to dispense with the
English translation of the documents which is in
vernacular language." (sic)
2. The main grievance of the petitioner is that even though
the final report in Ext.P1 crime is submitted, as evident by Ext.P3, in
the connected case in which FIR is produced as Ext.P2, final report is
not filed.
W.P.(Crl.) No.749 of 2023
3. The public prosecutor, after getting instructions, submitted
that in Ext.P2 crime also, the final report was filed and it was returned
because of some defects and it will be resubmitted immediately, after
rectifying the defects. If that be so, this writ petition itself can be
disposed of directing the officer concerned to submit the defect free
final report, within a time frame.
Therefore, this writ petition is disposed of in the following
manner:
1. The 3rd respondent will resubmit the final report in
Ext.P2 crime, after curing the defects as expeditiously as
possible, at any rate, within one month from the date of
receipt of a certified copy of this judgment.
2. Till final report is filed in Ext.P2 crime, the Court below
shall not proceed with the case arising from Ext.P1 crime.
sd/-
P.V.KUNHIKRISHNAN
JUDGE
das
W.P.(Crl.) No.749 of 2023
APPENDIX OF WP(CRL.) 749/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE FIR IN CRIME NO.
2033/2019 OF SREEKARYAM POLICE STATION,
DATED 02/10/2019
Exhibit P2 TRUE COPY OF THE FIR IN CRIME NO.
2035/2019 OF SREEKARYAM POLICE STATION,
DATED 02/10/2019
Exhibit P3 TRUE COPY OF THE CHARGE SHEET IN CC NO.
131/2021 ON THE FILE OF THE JUDICIAL
FIRST CLASS MAGISTRATE COURT-I,
THIRUVANANTHAPURAM DATED 16/10/2019
Exhibit P4 CERTIFIED COPY OF EXHIBIT P1 FIR IN
CRIME NO. 2033/2019 OF SREEKARYAM
POLICE STATION, DATED 02/10/2019
