Ambili Santhosh vs State Of Kerala
2024 Latest Caselaw 17491 Ker

Kerala High Court

Ambili Santhosh vs State Of Kerala on 21 June, 2024

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE EASWARAN S.
        FRIDAY, THE 21ST DAY OF JUNE 2024 / 31ST JYAISHTA, 1946
                        WP(C) NO. 26612 OF 2018
PETITIONER/DE-FACTO COMPLAINANT:

            AMBILI SANTHOSH
            AGED 35 YEARS
            W/O.SANTHOSH, AMBANATTU HOUSE,PEROOR PO, KOTTAYAM

            BY ADV SRI.P.I.GEORGEKUTTY


RESPONDENTS:

    1       STATE OF KERALA
            REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA.

    2       DEPUTY SUPERINTENDENT OF POLICE
            KOTTAYAM EAST POLICE STATION,KOTTAYAM 2

    3       PAREETH KUNJU
            S/O.ABDUL KHADER ENPRAYIL HOUSE,THIRUVARPU PO,
            KOTTAYAM, PIN 686020

            BY ADVS.
            DR.K.P.SATHEESAN (SR.)
            SRI.P.MOHANDAS (ERNAKULAM)
            SRI.S.VIBHEESHANAN
            SRI.K.SUDHINKUMAR
            SRI.S.K.ADHITHYAN
            SRI.SABU PULLAN


OTHER PRESENT:

            Sri. Noushad. K. A., G. P.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 26612 OF 2018
                                  2

                            JUDGMENT

Dated this the 21st day of June, 2024

The writ petition is filed for a direction to the respondents

to reinvestigate the Crime No. 383 of 2015 by independent

agency like Crime Branch or C.B.C.I.D or by any officers

above the rank of Superintendent of Police.

2. The grievance of the petitioner is that the 3 rd

respondent had committed offenses under sections 341,

323, 294 (b), 166, 182, 191, 192 read with 120 B of Indian

Penal Code, 1860, and Section 3(1) ix, x of SC / ST

Prohibition of Atrocities Act. However, later it is seen that

when the final report was given, the provisions under the SC /

ST Act was deleted.

3. When the writ petition is taken up for consideration

today, the learned Government Pleader has placed before this

Court, the order passed by the Juvenile Justice Board,

Thiruvanjoor Kottayam in SC.No.25/16 in which the

petitioner's son Vilin Santhosh was an accused for the offense WP(C) NO. 26612 OF 2018

under 376 of I.P.C. With specific reference to the findings of

the Juvenile Justice Board that the entire dispute was

amicably settled including the offense under Section 323 of

I.P.C, Crime No. 385 of 2015 of the Kottayam East Police

Station. The learned counsel appearing for the 3 rd respondent

would however submits that since the final report is already

been filed, the writ petition seeking for reinvestigation of the

Crime No.383 of 2015 is not maintainable before this Court.

Once the final charge sheet is filed, it is for the complainant to

avail appropriate remedy before the Magistrate Court either by

filing appropriate application seeking further investigation

before consideration.

4. There is none appearance for the petitioner when

the matter is taken up for consideration today. On

consideration of the rival submissions raised by the counsel

for the 3rd respondent it is evident that the matter was

amicably settled as evident from the report placed before the

Juvenile Justice Board.

WP(C) NO. 26612 OF 2018

In the above circumstances, this writ petition is closed

without any further orders to be issued by this court as prayed

by the petitioner. The writ petitioner is free to workout her

grievances if any successing on this day.

Sd/-

EASWARAN S. JUDGE

STB WP(C) NO. 26612 OF 2018

APPENDIX OF WP(C) 26612/2018

PETITIONER EXHIBITS EXHIBIT P1 THE TRUE COPY OF THE COMPLAINT BEFORE THE MAGISTRATE COURT DATED 25.03.2015 EXHIBIT P2 THE TRUE COPY OF THE FIR IN CRIME NO.

383/2015 OF KOTTAYAM EAST POLICE DATED 01.04.2015 EXHIBIT P3 THE TRUE COPY OF THE FINAL REPORT IN CC.NO. 2548/2017 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT I, KOTTAYAM, DATED 17.10.2015