Kerala High Court
Sreedharan.K vs Station House Officer on 5 September, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2024:KER:67526
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 5TH DAY OF SEPTEMBER 2024 / 14TH BHADRA, 1946
WP(CRL.) NO. 915 OF 2024
CRIME NO.392/2024 OF PARIYARAM MEDICAL COLLEGE POLICE STATION,
KANNUR
PETITIONER:
SREEDHARAN.K
AGED 62 YEARS
S/O. LATE KANNAN NAIR,
KOKKUNNUMMAL HOUSE, C- POYIL.P.O.,
IRINGAL, PARIYARAM AMSOM,
KANNUR DISTRICT, PIN- 670 502,
PRESENTLY RESIDING AT
KOKKUNNUMMAL HOUSE,
NEAR SEASON BREAD, 7TH MILE,
TALIPARAMBA.P.O.,
KANNUR DISTRICT, PIN - 670141
BY ADVS.
V.T.MADHAVANUNNI
V.A.SATHEESH
RESPONDENTS:
1 STATION HOUSE OFFICER
PARIYARAM MEDICAL COLLEGE POLICE STATION
PARIYARAM.P.O.,
KANNUR DISTRICT, PIN - 670502
2 DISTRICT POLCIE CHIEF
KANNUR (RURAL), DHARMASHALA,
KANNUR UNIVERSITY. P.O.,
KANNUR DISTRICT, PIN - 670567
3 STATE OF KERALA
REPRSENTED BY ITS SECRETARY,
DEPARTMENT OF HOME, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2024:KER:67526
W.P.(Crl.) No.915 of 2024
-:2:-
4 SHAJI.K.
S/O.LATE KANNAN NAIR,
KOKKUNNUMMAL HOUSE,
C- POYIL.P.O., IRINGAL,
PARIYARAM AMSOM,
KANNUR DISTRICT, PIN - 670502
5 BABU PUTHUVAKKAL
AGED 52 YEARS
KORODU, MUKKUNNU,
KUPPAM P.O., PARIYARAM AMSOM,
KANNUR DISTRICT, PIN - 670502
6 K.V.PRADEEPAN
AGED 50 YEARS
KARODU, MUKKUNNU, KUPPAM P.O.,
PARIYARAM AMSOM,
KANNUR DISTRICT, PIN - 670502
BY ADV. NOUSHAD K. A,
PUBLIC PROSECUTOR
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 05.09.2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
2024:KER:67526
W.P.(Crl.) No.915 of 2024
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BECHU KURIAN THOMAS, J.
---------------------------------------
W.P.(Crl.) No.915 of 2024
---------------------------------------
Dated this the 5th day of September, 2024
JUDGMENT
Petitioner seeks for a direction to respondents 1 to 3 to conduct
an effective and speedy investigation into Crime No.392/2024 of Pariyaram
Medical College Police Station.
2. In the decision in Sakiri Vasu vs. State Of Uttar Pradesh
and Others [(2008) 2 SCC 409], the Supreme Court had observed that in
case of failure to register an FIR pursuant to a complaint or to monitor the
investigation to enable an effective probe into a crime, remedies are
available before the Jurisdictional Court of first instance.
3. Petitioner has approached this Court seeking directions for a
speedy investigation. Since such remedies are available before the
Jurisdictional Court of first instance, I am of the view that recourse to the
remedy under Article 226 of the constitution of India cannot be
entertained.
Reserving the liberty of the petitioner to approach the
Jurisdictional Court of first instance, this writ petition is dismissed.
Sd/-
BECHU KURIAN THOMAS
JUDGE
Jka/05.09.24.
2024:KER:67526
APPENDIX OF WP(CRL.) 915/2024
PETITIONER'S EXHIBITS
Exhibit P1 A TRUE COPY OF THE TITLE DEED NO.2139/2023
OF SRO TALIPARAMBA DATED 22-05-2023 WITH
RESPECT TO THE ABOVE SAID 6.8 ARES OF
PROPERTY.
Exhibit P2 A TRUE COPY OF THE E-MAIL MESSAGE DATED
21-05-2024 SENT TO RESPONDENT NO.1 BY THE
PETITIONER.
Exhibit P3 A TRUE COPY OF THE E-MAIL MESSAGE OF THE
PETITIONER TO THE 2ND RESPONDENT AND
OTHERS DATED 09-06-2024.
Exhibit P4 A TRUE COPY OF THE E-MAIL OF THE
PETITIONER TO THE 2ND RESPONDENT DATED
18-06-2024.
Exhibit P5 A TRUE COPY OF THE FIR IN CRIME
NO.392/2024OF THE PARIYARAM POLICE
STATION, DATED 25.06.2024.
Exhibit P6 A TRUE COPY OF THE E-MAIL OF THE
PETITIONER TO THE 2ND RESPONDENT DATED
29-06-2024.
Exhibit P7 A TRUE COPY OF THE RECEIPT DATED
03-07-2024 ISSUED BY THE 2ND RESPONDENT.
Exhibit P8 A TRUE COPY OF THE RECEIPT DATED
03-07-2024 ISSUED BY THE 2ND RESPONDENT.
