Fr. Jithu Mathew vs State Of Kerala
2025 Latest Caselaw 6323 Ker

Citation : 2025 Latest Caselaw 6323 Ker
Judgement Date : 27 May, 2025

Kerala High Court

Fr. Jithu Mathew vs State Of Kerala on 27 May, 2025

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

WP (Crl.) No.33 of 2023
                                                    2025:KER:36960




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            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

         THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

  TUESDAY, THE 27TH DAY OF MAY 2025 / 6TH JYAISHTA, 1947

                          WP(CRL.) NO. 33 OF 2023

     CRIME NO.1208/2019 OF Udayamperoor Police Station,

                                Ernakulam


PETITIONER:

             FR. JITHU MATHEW
             AGED 34 YEARS, AIKARA KUNNATH VEEDU,
             VADAYAMABADI P.O, AIKARANAD SOUTH VILLAGE,
             ERNAKULAM., PIN - 682308

             BY ADVS.
             ASHIK K.MOHAMED ALI
             MUHAMMED RIFA P.M.
             KURIAN JOSEPH (ARAKKUNNAM)
             NIZAMUDHEEN P.
             RAMSEENA N.
             AKHIL ALEXIOS KANAKATTU

RESPONDENTS:

     1       STATE OF KERALA
             REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
             KERALA, PIN - 682031

     2       STATE POLICE CHIEF (DIRECTOR GENERAL OF POLICE)
             POLICE HEADQUARTERS, VAZHUTHACAUD
             THIRUVANANTHAPURAM., PIN - 695010

     3       THE SUPERINTENDENT OF POLICE (RURAL)
             POWER HOUSE JUNCTION, ALUVA., PIN - 683101

     4       THE STATION HOUSE OFFICER
 WP (Crl.) No.33 of 2023
                                                      2025:KER:36960




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             UDAYAMPEROOR POLICE STATION, KANDANAD,
             ERNAKULAM., PIN - 682307

     5       SHIBIN K.A
             SUB INSPECTOR OF POLICE, UDAYAMPEROOR POLICE
             STATION, KANDANAD, ERNAKULAM., PIN - 682307

     6       BABU MATHEW
             SUB INSPECTOR OF POLICE, UDAYAMPEROOR POLICE
             STATION, KANDANAD, ERNAKULAM., PIN - 682307


             BY ADVS.
             Sri. P.NARAYANAN, SENIOR G.P. AND ADDL.PUBLIC
             PROSECUTOR


         THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION      ON    27.05.2025,   THE   COURT   ON   THE   SAME   DAY
DELIVERED THE FOLLOWING:
 WP (Crl.) No.33 of 2023
                                                         2025:KER:36960




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                      P.V.KUNHIKRISHNAN, J.
                -------------------------------------------

                          WP(Crl.) No.33 of 2023
             --------------------------------------------
            Dated this the 27th day of May, 2025



                              JUDGMENT

The above Writ Petition( Crl) is filed with the

following prayers:

"i) Call for the entire records of the facts narrated

by the Petitioner in the Writ Petition;

ii) Issue a writ of mandamus, any other writ or

order, directing the 2nd Respondent to take a

decision on Exhibit P8 within a time frame fixed by

this Honourable Court;

iii) Issue a writ of mandamus, any other writ or

order, directing the 2nd Respondent to initiate an

inquiry under the Kerala Police Departmental

Inquiries, Punishment and Appeal Rules, 1958

against the Respondent Nos. 5 and 6 and other

2025:KER:36960

officials who had not acted in accordance with the

law and for the breach of duties committed by

them in Crime No. 1208 of 2019 of the

Udayamperoor Police Station, within one week or a

period fixed by this Honourable Court and;

iv) Such other relief's that this Honourable Court

may deem fit and proper to grant, in the interest of

justice."

2. The grievance of the petitioner is that the

investigation conducted in Crime No.1208/2019 of

Udayamperoor Police Station is not proper.

3. The Public Prosecutor submitted that Crime

No.1208/2019 of Udayamperoor Police Station is

already investigated and a refer report is filed with

notice to the petitioner. If that be the case, the

remedy of the petitioner is to approach the

jurisdictional court with appropriate proceedings.

This Court need not interfere with the case, in which

a refer report is filed, invoking the powers under

2025:KER:36960

Article 226 of the Constitution of India. Moreover,

there is no representation also for the petitioner. I

think, this Writ Petition need not be retained here.

Hence, the petition can be closed.

Therefore, this Writ Petition(Crl.) is closed.

Sd/-

                                     P.V.KUNHIKRISHNAN
nvj                                         JUDGE

                                                2025:KER:36960

APPENDIX OF WP(CRL.) 33/2023

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE FIR IN CRIME NO.

1206 OF 2019 OF THE UDAYAMPEROOR POLICE STATION.

EXHIBIT P2 TRUE COPY OF THE SCENE MAHAZAR PREPARED IN CRIME NO. 1206 OF 2019.

EXHIBIT P3 TRUE COPY OF THE FINAL REPORT NUMBERED BY THE COURT AS CC NO. 1537 OF 2019

EXHIBIT P4 TRUE COPY OF THE FIR IN CRIME NO.

1208 OF 2019 OF THE UDAYAMPEROOR POLICE STATION.

EXHIBIT P5 TRUE COPY OF THE SCENE MAHAZAR PREPARED IN CRIME NO. 1208 OF 2019.

EXHIBIT P6 TRUE COPY OF THE FINAL REPORT IN CRIME NO. 1208 OF 2019.

EXHIBIT P7 TRUE COPY OF THE CIRCULAR NO. 17 OF 2016 ISSUED BY THE STATE POLICE CHIEF

EXHIBIT P8 TRUE COPY OF THE PETITION DATED 09- 11-2022 PREFERRED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.