Anitha vs State Of Kerala
2024 Latest Caselaw 30133 Ker

Kerala High Court

Anitha vs State Of Kerala on 24 October, 2024

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

                                               2024:KER:79326

          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

 THURSDAY, THE 24TH DAY OF OCTOBER 2024 / 2ND KARTHIKA, 1946

                  WP(C) NO. 35056 OF 2019

PETITIONER:

         ANITHA
         AGED 45 YEARS
         W/O.SHAJI, SHIJIN NIVAS, THALIRAADI, KADAVINAL
         P O, PIN- 690 501, VALLIKUNNAN, ALAPPUZHA
         DISTRICT.


         BY ADVS.
         M.V.THAMBAN
         SRI.R.REJI
         SMT.THARA THAMBAN
         SRI.B.BIPIN
         SRI.ARUN BOSE




RESPONDENTS:

    1    STATE OF KERALA
         REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,
         DEPARTMENT OF HOME, GOVERNMENT SECRETARIAT,
         THIRUVANANTHAPURAM, PIN-695 001.

    2    THE DISTRICT POLICE CHIEF,
         OFFICE OF THE DISTRICT POLICE CHIEF, ALAPPUZHA,
         ALAPPUZHA DISTRICT, PIN-688 011.

    3    THE CIRCLE INSPECTOR OF POLICE,
         MAVELIKKARA, MAVELIKKARA PO , ALAPPUZHA DISTRICT,
         PIN-690 101.

    4    THE STATION HOUSE OFFICER,
                                                          2024:KER:79326
WP(C) NO.35056 OF 2019

                                  2


           VALLIKUNNAM POLICE STATION, VALLIKUNNAM P O,
           ALAPPUZHA DISTRICT, PIN-690 501.

           BY ADV.
           SRI.SANGEETHARAJ.N.R, PP


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   24.10.2024,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
                                                              2024:KER:79326
WP(C) NO.35056 OF 2019

                                      3


                  P.V. KUNHIKRISHNAN, J.
          -----------------------------------
                 W.P(C) No.35056 of 2019
          -----------------------------------
        Dated this the 24th day of October, 2024

                               JUDGMENT

This W.P(C) is filed with the following

prayers:

(i). "To issue a writ of mandamus directing 2nd respondent to consider the grievance raised in Ext.P2 with respect to the false implication of the accused persons in Crime No. 1041/2019 of Vallikunnam Police Station, Alapuzha District and to ensure proper and fair investigation in the said crime.

(ii). To issue such other further reliefs as this Honourable Court may deem fit and proper in the facts and circumstances of this case.

(iii). To award the cost of this proceedings to the petitioner".

2. The main prayer in this case is to 2024:KER:79326 WP(C) NO.35056 OF 2019

consider the grievance raised in Ext.P2 with respect

to the false implication of the accused person in

Crime No.1041/2019 of Vallikkunnam Police Station,

ALappuzha.

3. This Court as per common order dated

24.10.2024 in Crl.M.C No.8675/2019 and Crl.M.C No.

8669/2019 directed the Investigating Officer to

expedite the investigation. The Investigating

Officer will also consider the contention of the

petitioner in Ext.P2 while investigating the matter.

With the above observation, this Writ

Petition is disposed of.

Sd/-

P.V.KUNHIKRISHNAN JUDGE

SSG 2024:KER:79326 WP(C) NO.35056 OF 2019

APPENDIX OF WP(C) 35056/2019

PETITIONER'S EXHIBITS

EXHIBIT P1 TRUE COPY OF THE FIR IN CRIME NO.1041/2019 OF VALLIKUNNAM POLICE STATION, ALAPPUZHA DISTRICT.

EXHIBIT P2 TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER ALONG WITH OTHERS BEFORE THE 2ND RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE COMPLAINT DATED 28.10.2019 FILED BY THE PETITIONER BEFORE THE CIRCLE INSPECTOR OF POLICE MAVELIKKARA.

EXHIBIT P4 TRUE COPY OF THE COMPLAINT DATED 28.10.2019 FILED BY THE PETITION BEFORE THE SUB INSPECTOR OF POLICE, VALLIKKUNNU POLICE STATION,

EXHIBIT P5 TRUE COPY OF THE INTERIM ORDER DATED 05.12.2019 IN CRL.M.C.NO.8675/19 OF THIS HON'BLE COURT.