Petition filed under Article 226 seeking mandamus to direct responsible officer to entrust investigation to a superior officer due to alleged improper investigation. Court noted final report already submitted and dismissed petition granting liberty to seek other remedy.
Granted liberty to petitioner to seek appropriate remedy; petition dismissed.
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 M.SASIDHARAN NAMBIAR
TUESDAY, THE 19TH OCTOBER 2010 / 27TH ASWINA 1932
WP(C).No. 24400 of 2010(Q)
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PETITIONER(S): -------------------
JISHA, D/O.ITTICHAN, AGED 21 YEARS, CHOONDAL, CHIRANELLUR VILLAGE & DESOM, THALAPPILLY TALUK, THRISSUR.
BY ADVS. SRI.S.RAJEEV SRI.K.K.DHEERENDRA KRISHNAN
RESPONDENT(S): --------------------
1. STATE OF KERALA, REP.BY HOME SECRETARY, GOVT.SECRETARIAT, THIRUVANANTHAPURAM-1.
2. DIRECTOR GENERAL OF POLICE, (HEAD OF POLICE DEPARTMENT), LAW & ORDER, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM-1.
3. SUPERINTENDENT OF POLICE, OFFICE OF THE SUPDT.OF POLICE, THRISSUR-680001.
4. CIRCLE INSPECTOR OF POLICE, THRISSUR WEST POLICE STATION, THRISSUR-680001.
5. SUB INSPECTOR OF POLICE, THRISSUR WEST POLICE STATION, THRISSUR. (CRIME NO.596/2010 OF THRISSUR WEST POLICE STATION, THRISSUR-680001)
R1 TO R5 BY GOVT. PLEADER SMT.C.M.CHARISMA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
SVS/
M.SASIDHARAN NAMBIAR, J.
W.P (C) No.24400 of 2010
Dated this the 19th October, 2010
J U D G M E N T
Petitioner is the de facto complainant in Crime No.596 of 2010 of Thrissur West Police Station registered for offence under Sections 498A and 406 r/w 34 of Indian Penal Code. Petition is filed under Article 226 of the Constitution of India for a writ of mandamus directing second respondent to entrust the investigation to third respondent, to be monitored by a superior officer contending that there is no proper investigation.
M.SASIDHARAN NAMBIAR JUDGE
ma
2 issues framed by the court
Whether to direct the Superintendent of Police to entrust the investigation to a superior officer to monitor the case registered for offences under Sections 498A and 406 IPC.
Whether the final report already submitted before the Chief Judicial Magistrate warrants dismissing the writ petition.
2 provisions across 2 enactments
JISHA
STATE OF KERALA
DIRECTOR GENERAL OF POLICE
SUPERINTENDENT OF POLICE
CIRCLE INSPECTOR OF POLICE
SUB INSPECTOR OF POLICE
M.SASIDHARAN NAMBIAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
