Vincent V. J vs Station House Officer
2024 Latest Caselaw 25923 Ker

Kerala High Court

Vincent V. J vs Station House Officer on 30 September, 2024

                                                    2024:KER:72506
W.A.No.1427 of 2024
                                    1

           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

     THE HONOURABLE THE CHIEF JUSTICE MR. NITIN JAMDAR

                                    &

                  THE HONOURABLE MR. JUSTICE S.MANU

 MONDAY, THE 30TH DAY OF SEPTEMBER 2024 / 8TH ASWINA, 1946

                         WA NO. 1427 OF 2024

        AGAINST    THE   JUDGMENT   DATED   13.6.2024   IN   WP(Crl.)

NO.349 OF 2024 OF HIGH COURT OF KERALA

APPELLANT/PETITIONER:

           VINCENT V. J
           AGED 56 YEARS
           S/O JOSEPH V. J., RESIDING AT VALIYAVEETTIL
           HOUSE, PERIKKAD, EROOR WEST P.O.,THRIPUNITHURA,
           NADAMA VILLAGE, ERNAKULAM, PIN - 682306


           BY ADV N.P.SILPA


RESPONDENTS/RESPONDENTS:

    1      STATION HOUSE OFFICER.
           HILL PALACE POLICE STATION, THRIPUNITHURA
           ERNAKULAM DISTRICT, PIN - 682301

    2      THASNIA.K.A.
           W/O. AJAZ, KACHAMPILLY HOUSE, PATTIMATTOM VIA
           KIZHAKKAMBAL, ERNAKULAM DISTRICT, PIN - 683562

    3      AJAZ.K.H
           S/O. HYDROSE, KACHAMPILLY HOUSE, PATTIMATTOM VIA
           KIZHAKKAMBAL, ERNAKULAM DISTRICT, PIN - 683562
                                                             2024:KER:72506
W.A.No.1427 of 2024
                                   2

    4       M/S.KOTAK MAHINDRA BANK LTD
            REP. BY ITS AUTHORISED OFFICER, AKSHAY SHAJI.T.S.
            KANAKADAMODAR BUILDING, OPP.INTERNATIONAL HOTEL,
            VEEKSHANAM ROAD, KOCHI, PIN - 682035

    5       M/S. UNITED INDIA INSURANCE COMPANY LTD.
            KULANGARA TOWERS, MC ROAD, MUVATTUPUZHA ERNAKULAM
            DISTRICT REPRESENTED BY ITS BRANCH MANAGER, PIN -
            686661



OTHER PRESENT:

            SR GP SRI V TEKCHAND


     THIS    WRIT    APPEAL   HAVING     COME   UP    FOR    ADMISSION    ON
30.09.2024,    THE    COURT   ON   THE    SAME       DAY    DELIVERED    THE
FOLLOWING:
                                                         2024:KER:72506
W.A.No.1427 of 2024
                                     3

                               JUDGMENT

Dated this the 30th day of September, 2024

Nitin Jamdar, C.J.

Heard the learned counsel for the parties.

2. The Appellant has filed this appeal challenging the judgment of the learned Single Judge dated 13 June 2024 in W.P.(Crl.)No.349 of 2024.

3. The Appellant has filed the writ petition before the learned Single Judge for a writ of mandamus or any other appropriate order to direct the Respondent No.1 i.e., the Station House Officer, to inform the details of the investigation conducted by him in pursuance to the registration of an FIR lodged by the Appellant and also to complete the investigation.

4. The learned Single Judge has observed that a statement was filed by the Respondent Investigating Authority pointing out that pursuant to the investigation, it has been revealed that the case is of civil nature and a final report has been submitted. Thereafter, the learned Single Judge has closed the proceedings.

5. We are informed that the learned Magistrate has not yet passed an order on the closure report. Before any order is passed, an 2024:KER:72506

opportunity is available to the Appellant to put forth his case and it is always open to the learned Magistrate not to accept the closure report and direct further investigation or to accept the closure report. Thus, even though the writ petition has been disposed of, the Appellant is not rendered remediless.

In the light of the above, no interference is warranted. The appeal is disposed of.

Sd/-

Nitin Jamdar Chief Justice

Sd/-

S. Manu Judge vpv 2024:KER:72506

PETITIONER ANNEXURES

Annexure I TRUE COPY OF THE MEMO FILED BY THE SENIOR GOVERNMENT PLEADER ON BEHALF OF THE 1ST RESPONDENT IN W.P. (CRL).NO.349/2024 ON 31.05.2024

Annexure II TRUE COPY OF THE DEMAND NOTICE DATED 31.08.2024 ISSUED BY THE JOINT RTO, THRIPUNITHURA DEMANDING PAYMENT OF MOTOR VEHICLE TAX ON VEHICLE NO.KL-39Q-