Harish Kumar R.K vs State Of Kerala
2024 Latest Caselaw 29602 Ker

Kerala High Court

Harish Kumar R.K vs State Of Kerala on 17 October, 2024

Author: Bechu Kurian Thomas

Bench: Bechu Kurian Thomas

                                                       2024:KER:78635

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

          THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

    THURSDAY, THE 17TH DAY OF OCTOBER 2024 / 25TH ASWINA, 1946

                        WP(CRL.) NO. 713 OF 2023

   CRIME NO.641/2021 OF THAMARASSERY POLICE STATION, KOZHIKODE

PETITIONER/S:


          HARISH KUMAR R.K.,AGED 48 YEARS
          S/O. R.K. RAVI VARMA, SREEHARI,
          PALLIKKARA, NANMINDA PO,
          KOZHIKODE DISTRICT, PIN - 673613



          BY ADVS.
          K.MOHANAKANNAN
          D.S.THUSHARA



RESPONDENT/S:


    1     STATE OF KERALA,
          REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
          HOME DEPARTMENT, GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM, PIN - 695001

    2     STATION HOUSE OFFICER
          THAMARASSERY POLICE STATION,
          THAMARASSERY PO,
          KOZHIKODE DISTRICT, PIN - 673573

    3     JOINT DIRECTOR, REGIONAL FORENSIC SCIENCE LABORATORY,
          KANNUR, TALAP,
          KANNUR DISTRICT, PIN - 670001
 WP(CRL.) NO. 713 OF 2023        2


                                                    2024:KER:78635




    4     DEPUTY DIRECTOR OF EDUCATION
          OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, KOZHIKODE
          TAZHEKKOD, KOZHIKODE DISTRICT, PIN - 673004


          SRI. C.N. PRABHAKARAN (PP)


     THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
17.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(CRL.) NO. 713 OF 2023               3


                                                                  2024:KER:78635




                     BECHU KURIAN THOMAS, J
                    ---------------------------------------------
                         W.P.(Crl.) No.713 of 2023
                ----------------------------------------------------
               Dated this the 17th day of October, 2024

                                  JUDGMENT

Petitioner seeks for a writ of mandamus directing the 2 nd

respondent to complete the investigation in Crime No.641/2021 of

Thamarassery Police Station, Kozhikode and to file a final report.

2. The learned Public Prosecutor upon instructions submitted

that, though by Ext.P6, the document relating to petitioner's service

record was subjected to forensic analysis and a report has been

obtained, on the basis of a further request from the Director of

Forensic Science Laboratory, additional documents have been

submitted for further comparison and as soon as the report is

received from the laboratory, the investigation would be completed.

3. Having regard to the aforesaid circumstances pointed out

by the learned Public Prosecutor, there will be a direction to the

investigation officer to complete the investigation in Crime

No.641/2021 of Thamarassery Police Station, without undue delay and

file the final report in a time bound manner, after obtaining the report

2024:KER:78635

from the Forensic Science laboratory. There will be a further direction

to the 3rd respondent to return the original service records of the

petitioner to the trial Court, which was forwarded for forensic anaysis,

as soon as the said work is completed.

This writ petition is closed with the above observations.

Sd/-

BECHU KURIAN THOMAS JUDGE AJ

2024:KER:78635

APPENDIX OF WP(CRL.) 713/2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE 4 TH RESPONDENT DATED 06/01/2020

Exhibit P2 TRUE COPY OF THE COMMUNICATION SENT BY THE DIRECTOR OF PUBLIC INSTRUCTION TO THE DEPUTY DIRECTOR OF EDUCATION, KOZHIKODE DATED 12/01/2021

Exhibit P3 TRUE COPY OF THE COMMUNICATION SENT BY THE 4 TH RESPONDENT TO THE DIRECTOR OF PUBLIC INSTRUCTION DATED 07/05/2021

Exhibit P4 TRUE COPY OF THE FIR IN CRIME NO. 641/2021 OF THAMARASSERY POLICE STATION DATED 12/07/2021

Exhibit P5 TRUE COPY OF THE REQUEST MADE BY THE SUB INSPECTOR BEFORE THE HEAD MASTER, KUNNAMANGALAM HIGHER SECONDARY SCHOOL

Exhibit P6 TRUE COPY OF THE ANALYSIS REPORT FROM THE REGIONAL FORENSIC SCIENCE LABORATORY DATED 29/07/2023