Sandeep K vs Commissioner Of Police
2024 Latest Caselaw 5238 Ker

Kerala High Court

Sandeep K vs Commissioner Of Police on 15 February, 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 15TH DAY OF FEBRUARY 2024 / 26TH MAGHA, 1945
                       WP(CRL.) NO. 173 OF 2024
PETITIONER:

          SANDEEP K,
          AGED 37 YEARS
          S/O KRISHNANKUTTY NAIR, PALOLIL (H),
          THAMPALAKADU KARA, KANJIRAPPALLY VILLAGE,
          PIN - 686506
          BY ADV JOSEPH T.JOHN


RESPONDENTS:

    1     COMMISSIONER OF POLICE
          KOCHI CITY ERANAKULAM, PIN - 682011
    2     STATION HOUSE OFFICER
          CENTRAL POLICE STATION ERANAKULAM, PIN - 682018
    3     STATION HOUSE OFFICER
          PONKUNNAM POLICE STATION, PIN - 686506
    4     THE MANAGER,
          REGIONAL OFFICE BANK OF BARODA M.G ROAD, KOCHI, PIN -
          682016
OTHER PRESENT:

          SRI. M.C. ASHI (PP)
          SRI. NAGARAJ NARAYANAN - R4


     THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
15.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(CRL.) NO. 173 OF 2024
                                ..2..

                  BECHU KURIAN THOMAS, J.
             ========================
                  W.P. (Crl.) No. 173 of 2024
             ========================
           Dated this the 15th day of February, 2024


                           JUDGMENT

The petitioner seeks for a direction to intimate the progress of

the investigation conducted by the police pursuant to Crime No.325

of 2024 of Ernakulam Central Police Station.

2. Since the direction sought for by the petitioner is in

effect, monitoring of the investigation, as held by the Supreme Court

in Sakiri Vasu vs State Of U.P. And Others (2008 (2) SCC 409),

an effective remedy is available before the jurisdictional Magistrate.

In the above decision, the Supreme Court also observed that the

Courts must discourage the tendency of litigants to approach the

High Court for appropriate directions in the nature of monitoring of

the investigation, as such remedies are available under the Code of

Criminal Procedure before the courts of first instance.

In view of the above, reserving the liberty of the petitioner to

approach the jurisdictional Magistrate in accordance with the law, in

respect of the investigation conducted in Crime No.325 of 2024 of

Ernakulam Central Police Station, this writ petition is dismissed.

Sd/-

BECHU KURIAN THOMAS JUDGE LU WP(CRL.) NO. 173 OF 2024 ..3..

APPENDIX OF WP(CRL.) 173/2024

PETITIONER EXHIBITS :

EXHIBIT-P1 A TRUE COPY OF THE FIR IN CRIME.NO.

`1014/2023 BEFORE THE PONKUNNAM POLICE STATION DATED 07/09/2023 EXHIBIT-P2 A TRUE COPY OF THE PETITION DATED 6- 11-2023 FILED BY THE PETITIONER BEFORE THE DISTRICT POLICE CHIEF, KOTTAYAM EXHIBIT P3 A TRUE COPY OF THE RECEIPT DATED 06/11/2023 AS PETITION NUMBER 88789/2023/K EXHIBIT-P4 A TRUE COPY OF THE JUDGEMENT ON 30.11.2023 IN WP(CRL).NO. 1249/2023 BEFORE THE HON'BLE HIGH COURT OF KERALA, AT ERNAKULAM EXHIBIT-P5 A TRUE COPY OF THE FIR IN CRIME NUMBER 1600/2023 DATED 13.12.2023 BEFORE THE KADAVANTHARA POLICE STATION EXHIBIT-P6 A TRUE COPY OF THE FIR CRIME NO.325/2024 BEFORE THE ERNAKULAM CENTRAL POLICE STATION EXHIBIT-P7 A TRUE COPY OF THE NOTIFICATION OBTAINED UNDER RIGHT TO INFORMATION DATED 27-6-2022 EXHIBIT-P8 A TRUE COPY OF THE JUDGEMENT DATED

03.11.2020 IN CIVIL APPEAL NUMBER 3602/2020 BEFORE THE SUPREME COURT OF INDIA

// True Copy // PA To Judge