Kerala High Court
Leo George vs Director General Of Police on 4 April, 2024
Author: K. Babu
Bench: K. Babu
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K. BABU
THURSDAY, THE 4TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946
WP(CRL.) NO. 1356 OF 2023
CMP NO.3693 OF 2023 OF JUDICIAL MAGISTRATE OF FIRST CLASS
-I, ALUVA
PETITIONER/PETITIONER:
LEO GEORGE,
AGED 31 YEARS,
S/O GEORGE NEAR, 9,
NAKSHATHRA LAYOUT NEAR IVY PARK, CARMELARAM P.O,
BANGALORE -560035. NOW RESIDING AT AMEYAM,
NEAR SH TIMBERS,MUNDUR, VARADIYAM ROAD,
VARADIYAM P.O., THRISSUR, PIN - 680541
BY ADVS.
ANEESH K.R
SAURAV B.
LIA GEORGE
RESPONDENTS/RESPONDENTS:
1 DIRECTOR GENERAL OF POLICE,
KERALA POLICE HEAD QUARTERS,
THIRUVANANTHAPURAM, PIN - 695010
2 THE SUPERINTENDENT OF POLICE,
ALUVA, ERNAKULAM RURAL,
ERNAKUALM, PIN - 682024
3 THE STATION HOUSE OFFICER,
CHENGAMANADU POLICE STATION,
ALUVA RURAL. ERNAKULAM, PIN - 683678
BY ADV
SRI.G.SUDHEER, PUBLIC PROSECUTOR
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 04.04.2024, ALONG WITH WP(Crl.).12/2024, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P(Crl).Nos.1356 of 2023 & 12 of 2024
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K. BABU
THURSDAY, THE 4TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946
WP(CRL.) NO. 12 OF 2024
CMP NO.3694 OF 2023 OF JUDICIAL MAGISTRATE OF FIRST CLASS-
I, ALUVA
PETITIONER/PETITIONER:
LEO GEORGE,
AGED 31 YEARS,
S/O GEORGE NEAR, 9,
NAKSHATHRA LAYOUT NEAR IVY PARK, CARMELARAM P.O,
BANGALORE -560035. NOW RESIDING AT AMEYAM,
NEAR SH TIMBERS, MUNDUR, VARADIYAM ROAD,
VARADIYAM P.O., THRISSUR, PIN - 680541
BY ADVS.
ANEESH K.R
SAURAV B.
LIA GEORGE
RESPONDENTS/RESPONDENTS:
1 DIRECTOR GENERAL OF POLICE,
KERALA POLICE HEAD QUARTERS,
THIRUVANANTHAPURAM, PIN - 695010
2 THE SUPERINTENDENT OF POLICE,
ALUVA, ERNAKULAM RURAL,
ERNAKUALM, PIN - 682024
3 THE STATION HOUSE OFFICER CHENGAMANADU,
CHENGAMANADU POLICE STATION,
ALUVA RURAL, ERNAKULAM, PIN - 683678
BY ADV,
SRI.G.SUDHEER, PUBLIC PROSECUTOR
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 04.04.2024, ALONG WITH WP(Crl.).1356/2023, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P(Crl).Nos.1356 of 2023 & 12 of 2024
3
K.BABU, J.
--------------------------------------
W.P(Crl).Nos.1356 of 2023 and 12 of 2024
---------------------------------------
Dated this the 4th day of April, 2024
JUDGMENT
The petitioner is the accused in Crime No.521/2022 of
Chengamanad Police Station. He is alleged to have committed the
offences punishable under Sections 498-A, 420, 323 and 34 of IPC.
This crime has been registered based on the complaint filed by
Smt.Sreelakshmi, a friend of the petitioner. The allegation in Crime
No.521/2022 is that the petitioner and the other members of his
family subjected Smt.Sreelakshmi to mental ill-treatment and that
the petitioner and others committed breach of trust and forgery.
Based on a complaint filed by the petitioner, Chengamanad Police
registered Crime No.313/2023 alleging offences punishable under
Sections 406, 420, 468, 471, 201, 120-B and 34 of IPC against the
officials of the Maheendra First Choice, a company dealing with the
motor vehicles. The vehicle is involved in both crimes.
2. The petitioner, thereafter, filed a complaint against certain
Police officials attached to Chengamanad Police Station namely
W.P(Crl).Nos.1356 of 2023 & 12 of 2024
Benny P.D, Sudheer T.K and Sony Mathai alleging offences
punishable under Sections 167, 199, 217, 218, 219, 221, 463, 469, 471
read with Section 34 of IPC. The grievance of the petitioner is that
the Police officials fabricated false evidence against the petitioner.
3. The petitioner contends that the investigation of the crimes
(118/2024 and 128/2024) registered based on his complaint is not
going in the proper way. Therefore, the petitioner seeks
investigation of the crimes by the Superintendent of Police,
Ernakulam rural.
4. The learned Public Prosecutor submitted that the Dy.SP of
Police, Crime Branch, Ernakulam Rural is investigating the
allegations in the complaint. It is further submitted that the
investigation is progressing. It is also submitted that the
Investigating Officer examined the petitioner yesterday. As of now,
there are no materials to show that the investigation is not in the
proper way as alleged. I find no material warranting interference
of this Court at this stage.
Having considered the submissions, the Writ Petitions are
closed with liberty to the petitioner to approach this Court, if he so
W.P(Crl).Nos.1356 of 2023 & 12 of 2024
advised in the future. The Deputy Superintendent of Police, Crime
Branch, Ernakulam will expedite the investigation in the matter.
Sd/-
K.BABU,
JUDGE
KAS
W.P(Crl).Nos.1356 of 2023 & 12 of 2024
APPENDIX OF WP(CRL.) 1356/2023
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE COMPLAINT DATED
22.07.2023 TO THE RESPONDENTS
Exhibit P2 THE TRUE COPY OF COMPLAINT BEFORE
MAGISTRATE FILED UNDER SECTION 156(3)
OF CRIMINAL PROCEDURE CODE NUMBERED AS
CMP NO 3693/2023 BEFORE JFCM I ALUVA
Exhibit P3 THE TRUE COPY OF THE COMPLAINT TO 1ST
RESPONDENT DATED 13.12.2023
Exhibit P4 THE TRUE COPY OF THE PETITION DATED
12.12.2023 FILED UNDER SECTION 15(2) OF
CONTEMPT OF COURTS ACT
Exhibit P5 THE TRUE COPY OF THE ORDER DATED
2.12.2023 OF THE JFCM I ALUVA
Exhibit P6 THE TRUE COPY OF THE REPORT FILED BY
THE 3RD RESPONDENT BEFORE JFCM I ALUVA
W.P(Crl).Nos.1356 of 2023 & 12 of 2024
APPENDIX OF WP(CRL.) 12/2024
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE COMPLAINT DATED
22.07.2023 TO THE RESPONDENTS
Exhibit P2 THE TRUE COPY OF COMPLAINT BEFORE
MAGISTRATE FILED UNDER SECTION 156 (3)
OF CRIMINAL PROCEDURE CODE NUMBERED AS
CMP NO 3694/2023 BEFORE JFCM I ALUVA
Exhibit P3 THE TRUE COPY OF THE COMPLAINT TO 1ST
RESPONDENT DATED 13.12.2023
Exhibit P4 THE TRUE COPY OF THE ORDER IN CMP NO
3694/2023 DATED 2.12.2023 OF THE JFCM I
ALUVA
Exhibit P5 THE TRUE COPY OF THE REPORT DATED
6.12.2023 FILED BY THE 3RD RESPONDENT
BEFORE JFCM I ALUVA
