Kerala High Court
B. Sivaprasad vs State Of Kerala on 3 September, 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
TUESDAY, THE 3RD DAY OF SEPTEMBER 2024 / 12TH BHADRA, 1946
WP(CRL.) NO. 956 OF 2024
CRIME NO.573/2024 OF Vanchiyoor Police Station, Thiruvananthapuram
PETITIONER:
B. SIVAPRASAD,
AGED 57 YEARS
S/O. BHASKARA PILLAI, SREEMAMA VILASOM, PARAYIL, EDAVA,
VARKALA THIRUVANANTHAPURAM, PIN - 695311
BY ADVS.
ARUN POOMULLI
ANAND REMESH
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY SECRETARY, HOME DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 DIRECTOR GENERAL OF POLICE,
STATE POLICE HEAD QUARTERS, VELLAYAMBALAM,
THIRUVANATHAPURAM, PIN - 695010
3 THE COMMISSIONER OF POLICE,
OFFICE OF THE COMMISSIONER OF POLICE,
THIRUVANANTHAPURAM, PIN - 695014
4 STATION HOUSE OFFICER,
VANCHIYOOR POLICE STATION, THIRUVANANTHAPURAM-, PIN -
695035
5 MANEESH,
3 RD FLOOR, SREEDHARA COMMUNICATIONS BUILDING,
VANCHIYOOR, THIRUVANANTHAPURAM, PIN - 695035
BY ADVS.
ADVOCATE GENERAL OFFICE KERALA
SHRI.P.NARAYANAN, SPL. G.P. TO DGP AND ADDL. P.P. ()
SHRI.SAJJU.S., SENIOR G.P.()
DIRECTOR GENERAL OF PROSECUTION(AG-10)
SRI. NOUSHAD K. A. (PP)
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
03.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(CRL.) NO. 956 OF 2024
2
2024:KER:71591
BECHU KURIAN THOMAS, J.
---------------------------------------------
WP(CRL.) NO. 956 OF 2024
-------------------------------------------------
Dated this the 3rd day of September, 2024
JUDGMENT
The petitioner seeks for a direction to incorporate section 307
and Section 447 of the Indian Penal Code in Ext.P2 FIR.
2. Crime 573 of 2024 of Vanchiyoor Police station was registered
on 10.06.2024 alleging offences punishable under section 294B, 506, 323
and 324 IPC. The nature of offences that are to be incorporated as
revealed from the allegations is a matter which has to be decided by the
investigating officer during the course of investigation. It is settled
principle that this court shall not interfere with the investigation.
However, if a complainant is aggrieved by the mode of investigation being
carried on in a crime, he is at liberty to approach the jurisdictional court
of first instance as observed in the decision in Sakiri Vasu vs State of
UP [2008 (2) SCC 409].
3. Considering the circumstances pointed out in this case, this
Court is of the view that this is not a fit case for issuing any directions as
sought for. Hence, this Writ Petition is dismissed, reserving the liberty of
the petitioner to initiate appropriate proceedings in accordance with law
before the jurisdictional court of first instance.
sd/-
BECHU KURIAN THOMAS
JUDGE
Nsd
WP(CRL.) NO. 956 OF 2024
2024:KER:71591
APPENDIX OF WP(CRL.) 956/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE COMPLAINT FILED BY THE
PETITIONER BEFORE THE 4 TH RESPONDENT, DATED
06.06.2024
Exhibit P2 A TRUE COPY OF THE FIR NO. 573 OF 2024
REGISTERED ON 10.06.2024 BY THE 4 TH
RESPONDENT
Exhibit P3 A TRUE COPY OF THE COMPLAINT FILED BY THE
PETITIONER BEFORE THE 4 TH RESPONDENT DATED
24.06.2024
Exhibit P4 A TRUE COPY OF THE COMPLAINT FILED BY THE
PETITIONER BEFORE THE 2 ND RESPONDENT DATED
26.06.2024
Exhibit P5 A TRUE COPY OF THE RECEIPT OF EXT P4 COMPLAINT
DATED 27.06.2024 ISSUED BY THE OFFICE OF THE 2
ND RESPONDENT
Exhibit P6 A TRUE COPY OF THE COMPLAINT FILED BY THE
PETITIONER BEFORE THE 3 RD RESPONDENT DATED
26.06.2024
Exhibit P7 A TRUE COPY OF THE COMPLAINT FILED BY THE
PETITIONER BEFORE THE HONBLE CHIEF MINISTER OF
KERALA DATED 26.6.2024
Exhibit P8 A TRUE COPY OF THE RECEIPT OF EXT P7 COMPLAINT
ISSUED BY THE OFFICE OF THE HON'BLE CHIEF
MINISTER OF KERALA DATED 27.6.2024
