Kerala High Court
Shalu. K. Jose vs State Of Kerala on 4 April, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 4TH DAY OF APRIL 2024 / 15TH CHAITHRA,
1946
WP(CRL.) NO. 268 OF 2024
CRIME NO.806/2019 OF PUTHENCRUZ POLICE STATION,
ERNAKULAM
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.369 OF 2020
OF JUDICIAL MAGISTRATE OF FIRST CLASS, KOLENCHERRY
PETITIONER/ACCUSED :
SHALU. K. JOSE
AGED 58 YEARS
RESIDING AT VEMBIL HOUSE,
MULANTHURUTHY P. O. ERNAKULAM,
KERALA, PIN - 682 314.
BY ADVS.
S.SABARINADH
A.JAYASANKAR
MANU GOVIND
INDULEKHA JOSEPH
RESPONDENT/STATE :
STATE OF KERALA
THROUGH STATION HOUSE OFFICER,
PUTHENKURISH POLICE STATION,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682 031.
SMT.SREEJA V., PP
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 04.04.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(CRL.) 268/2024
2
BECHU KURIAN THOMAS, J
......................................................
W.P.(Crl).No.268 of 2024
...................................................
Dated this the 4th day of April, 2024
JUDGMENT
Petitioner is the sole accused in C.C.No.369/2020 on the files
of the Judicial First Class Magistrate Court, Kolenchery, which
arose out of Crime No.806/2019 of Puthencruz Police Station.
After the final report was filed in 2019, the Investigating
Officer sought for a further investigation, and the same is
being continued. According to the petitioner, the further
investigation is prolonging indefinitely causing serious prejudice
to him. It is also alleged that despite the unduly long further
investigation the investigating officer has not been able to
obtain any materials connecting him with the alleged offence.
It was also submitted that, the delay in completing the
investigation is causing serious prejudice and that the same is
affecting his right to fair trial.
2. Smt.Sreeja V., the learned Public Prosecutor, upon instructions
WP(CRL.) 268/2024
submitted that further investigation is being carried out
effectively and that since the allegation relates to forgery, the
seized documents have been sent to the Forensic Science
Laboratory for analysis and that every effort is being taken to
obtain the report at the earliest.
3. Since documents have been sent for analysis to the Forensic
Science Laboratory, this Court cannot find fault with the
Investigating Officer for awaiting the report from the said
laboratory. However, the investigating officer must initiate
appropriate steps to obtain the report from the FSL without
undue delay.
4. Needless to mention, after obtaining the FSL report, further
investigation should be completed without further delay.
With the above observations, this writ petition is disposed of.
sd/-
BECHU KURIAN THOMAS
JUDGE
AMV/04/04/2024
WP(CRL.) 268/2024
APPENDIX OF WP(CRL.) 268/2024
PETITIONER EXHIBITS
EXHIBIT P1:- A CERTIFIED COPY OF THE FIRST
INFORMATION REPORT AND FIRST
INFORMATION STATEMENT DATED 26.08.2019
IN CRIME NO. 806 OF 2019 OF
PUTHENKURISH POLICE STATION.
EXHIBIT P2:- A CERTIFIED COPY OF THE FINAL REPORT
DATED 22.10.2020 IN CRIME NO. 806 OF
2019 OF PUTHENKURISH POLICE STATION
FILED IN C. C. NO. 369 OF 2020 PENDING
ON THE FILES OF JUDICIAL FIRST CLASS
MAGISTRATE COURT, KOLENCHERY.
EXHIBIT P3:- A CERTIFIED COPY OF THE APPLICATION
NUMBERED D4 1586/23 DATED 12.10.2023,
FILED BY THE STATION HOUSE OFFICER OF
PUTHENKURISH POLICE STATION IN C. C.
NO. 369 OF 2020 PENDING ON THE FILES OF
JUDICIAL FIRST CLASS MAGISTRATE COURT,
KOLENCHERY.
EXHIBIT P4:- A CERTIFIED COPY OF THE REPORT DATED
19.02.2024, FILED BY THE STATION HOUSE
OFFICER OF PUTHENKURISH POLICE STATION
IN C. C. NO. 369 OF 2020 PENDING ON THE
FILES OF JUDICIAL FIRST CLASS
MAGISTRATE COURT, KOLENCHERY.
TRUE COPY
