Kerala High Court
Go Digit General Insurance Co.Ltd vs Director General Of Police on 1 February, 2024
Author: K. Babu
Bench: K. Babu
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K. BABU
THURSDAY, THE 1ST DAY OF FEBRUARY 2024 / 12TH MAGHA, 1945
WP(CRL.) NO. 1210 OF 2023
PETITIONER:
GO DIGIT GENERAL INSURANCE CO.LTD
REGIONAL OFFICE,GROUND FLOOR, 7 PROVIDENCE, 44/ 1738 A,
M K V ROAD, PALARIVATTOM, KOCHI, KERALA REP BY ITS
STATE IN CHARGE, PIN - 682025
BY ADVS.
GEORGE A.CHERIAN
LATHA SUSAN CHERIAN
GEORGE CHERIAN (SR.)
RESPONDENTS:
1 DIRECTOR GENERAL OF POLICE
OFFICE OF DIRECTOR GENERAL OF POLICE,
THIRUVANATHAPURAM, PIN - 695014
2 ADDITIONAL DIRECTOR GENERAL OF POLICE (CRIME BRANCH)
THIRUVANANTHAPURAM, PIN - 695008
3 SUPERINTENDENT OF POLICE
THIRUVANANTHAPURAM, PIN - 695004
4 THE STATION HOUSE OFFICER
KARAMANA POLICE STATION TRIVANDRUM, PIN - 695002
OTHER PRESENT:
RAJESH A ,SPL PP VIG..REKHA,SR PP
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
01.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(CRL.) NO. 1210 OF 2023
2
K.BABU, J.
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WP(Crl).No.1210 of 2023
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Dated this the 1st day of February, 2024
JUDGMENT
The prayers in this Writ Petition (Crl.) are as follows:-
"(i) To direct the investigation to be conducted by second
respondent.
(ii) To issue a writ of certiorari or any other writ order or
direction quashing Exhibit P5.
(iii) Direct the respondents to investigate on the motor
accident alleged to have occurred on 22.1.22 near
Karamana referred to in Exhibit P1.
(iv) To allow such other writ order or direction which this
Hon'ble Court may deem fit and proper in the circumstances
of this case in the interest of justice.
(v) To allow the costs of this proceedings to the
petitioner."
2. Heard the learned Senior Counsel appearing for the
petitioner and the learned Public Prosecutor.
3. On 10.01.2024 this Court passed the following order:
"The learned Senior Counsel appearing for the petitioner
submitted that the applicant in OP(MV) No.1071/2022
before the Motor Accidents Claims Tribunal,
Thiruvananthapuram has committed the offence of forgery
and other related cognizable offences for the purpose of
institution of the claim petition. It is further submitted that
WP(CRL.) NO. 1210 OF 2023
the petitioner has filed a complaint before the Police
alleging those offences.
2. I make it clear that if the complaint preferred by the
petitioner discloses cognizable offence, the Police is bound to
register a crime and investigate it as directed by the Apex
Court in Lalitha Kumari v. Govt. of Uttar Pradesh (2014)2
SCC 1".
4. It is submitted at the bar that the Karamana Police
registered FIR based on the statement given by the petitioner,
and the investigation is going on. The investigating officer
shall complete the investigation within a period of three
months from this day.
Therefore, this writ petition(Crl.) stands closed.
Sd/-
K.BABU,
JUDGE
saap
WP(CRL.) NO. 1210 OF 2023
APPENDIX OF WP(CRL.) 1210/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF O.P.(MV) NO.1071/2022 ,MACT,
TRIVANDRUM
Exhibit P2 A TRUE COPY OF THE TREATMENT CERTIFICATE
DATED 22.1.22 ISSUED FROM PRS HOSPITAL
Exhibit P3 A TRUE COPY OF THE PATIENT TREATMENT
SUMMARY DATED 23.1.22 ISSUED BY NEYYAR
MEDICITY
Exhibit P4 A TRUE COPY OF THE COMPLAINT TO THE 4TH
RESPONDENT ON 17.3.2023 BY THE PETITIONER
Exhibit P5 TRUE COPY OF THE LETTER ISSUED BY INSPECTOR
OF POLICE, KARAMANA POLICE STATION DATED
NIL
