The High Court disposed of a writ petition filed by Sreekumari challenging the inaction of the Deputy Superintendent of Police and seeking initiation of disciplinary or criminal proceedings against the respondent based on an inquiry report.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE KURIAN JOSEPH
FRIDAY, THE 19TH SEPTEMBER 2008 / 28TH BHADRA 1930
WP(C).No. 22753 of 2004(H)
--------------------------------------
PETITIONER:
------------------
SREEKUMARI, D/O.SARASWATHY AMMA, AGED 36 YEARS RESIDING AT VALYAPARAMBIL, ARYAD SOUTH VILLAGE, AMBALAPUZHA TALUK, ALAPPUZHA.
BY ADV. SRI.K.RAVU SRI.VISHNU.R
RESPONDENTS:
-----------------------
1. P.K.ANIL, S/O.P.R.KRISHNAN, AGDED 44 YEARS, DEPUTY SUPERINTENDENT OF POLICE, PARAVOOR NORTH.
2. KERALA STATE REP: BY THE CHIEF SECRETARY, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM THROUGH GOVT.PLEADER & PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
GOVERNMENT PLEADER SRI.NOBLE MATHEW FOR R1 & R2
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C). NO. 22753/2004-H
APPENDIX
PETITIONER'S EXHIBITS:
EXT.P1: COPY OF THE F.I.R. OF ALAPPUZHA NORTH POLICE STATION FILED 23/06/1990.
EXT.P2: COPY OF THE STATEMENT OF PARAMESWARA KURUP DATED 23/06/1990.
EXT.P3: COPY OF THE REMAND APPLICATION DATED 25/06/1990.
EXT.P4: COPY OF THE PAGE 55 OF GENERAL DIARY OF ALAPPUZHA NORTH POLICE STATION DATED 25/06/1990.
EXT.P5: COPY OF THE JUDGMENT OF HON'BLE HIGH COURT OF KERALA IN O.P. NO.6322/90 C DATED 18/07/1990.
EXT.P6: COPY OF THE ENQUIRY OF COMMISSIONER DATED 26/12/1990.
EXT.P7: COPY OF THE JUDGMENT OF JFM-I ALAPPUZHA DATED 07/02/97.
EXT.P8: COPY OF THE REPORT OF S.P OF POLICE TO HON'BLE SPEAKER, KERALA LEGISLATIVE ASSEMBLY DATED 30/03/1992.
EXT.P9: COPY OF THE JUDGMENT OF SUB COURT ALAPPUZHA IN O.S.386/94 DATED 30/03/1999.
EXT.P10: COPY OF THE I.A. NO.360/2000 FILED BY PETITIONER BEFORE THE ADDL. DISTRICT COURT, ALAPPUZHA DATED 20/03/2000.
RESPONDENT'S EXHIBITS:
EXT.R1: COPY OF THE REPORT OF POLICE , SUBMITTED TO THE SUB DIVISIONAL MAGISTRATE, ALAPPUZHA, FORWARDING G.D. AND ENDORSEMENT THEREON REGARDING RECEIPT OF THE SAME.
//TRUE COPY//
P.A. TO JUDGE
Rs/
KURIAN JOSEPH, J.
JUDGMENT
The Writ Petition is filed with the following prayers:
i) issue a writ of mandamus or appropriate writ directing 2nd respondent to initiate disciplinary action against 1st respondent as per the finding of the enquiry commission Dr.Asha Thomas I.A.S., contained in Ext.P6 report dated 26.12.90;
ii) Directing Addl. District Judge, Alappuzha to conduct an enquiry under Section 340 of Cr.P.C into the offence under Section 471 of IPC committed by 1st respondent in relation to the proceeding in OS 386 of 1994 before the Sub Court, Alappuzha and make a complaint against the 1st respondent before he Judicial First Class Magistrate-I, Alappuzha.
In view of the stand taken in the counter affidavit, particularly,
with regard to the pendency of AS No.140/99, in case the petitioner has still any grievance left, she may move the Sub Court, Alappuzha after the disposal of the appeal.
(KURIAN JOSEPH, JUDGE)
ttb
2 issues framed by the court
Whether to direct initiation of disciplinary action or criminal enquiry against the Deputy Superintendent of Police based on the enquiry commission report.
Whether the petitioner's grievance regarding the pendency of an appeal precludes a fresh writ proceeding.
2 provisions across 2 enactments
Sreekumari
P.K. Anil
Government of Kerala
Kurian Joseph
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
