Disposed

Sajikumar v. State of Kerala & Others

Kerala HC11 Nov 2010WP(C)/32606/2010

Case brief

AI extract

What is this about?

The Kerala High Court disposing of a writ petition sought to mandate proceedings against police officers for a jump during apprehension. Relying on a statement by the 5th respondent, the court ordered the completion of the pending enquiry within four months and dismissed the petition without deciding the substantive relief claimed.

What did the court decide?

Direction to complete the enquiry within four months and inform the petitioner of the result; petition disposed of.

Sajikumar Vs State of Kerala & Others — Pension and Retirement Benefits | Kerala HC (2010)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI

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THURSDAY, THE 11TH NOVEMBER 2010 / 20TH KARTHIKA 1932

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WP(C).No. 32606 of 2010(A)

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PETITIONER(S):

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SAJI KUMAR, S/O. JANARDHANAN, BRAHMAKKONAM VEEDU, PAZHAYA UCHAKADA, UCHAKKADA P.O., NEYYATTINKARA TALUK, THIRUVANANTHAPURAM DISTRICT.

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BY ADV. SRI.R.ANIL

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RESPONDENT(S):

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1. STATE OF KERALA, REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY (HOME), GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001.

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2. THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, VELLAYAMBALAM, THIRUVANANTHAPURAM-695 001.

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3. THE DISTRICT SUPERINTENDENT OF POLICE, THIRUVANANTHAPURAM (RURAL), THIRUVANANTHAPURAM-695 001.

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4. MR. SURESH KUMAR, CIRCLE INSPECTOR OF POLICE, POOVAR POLICE STATION, THIRUVANANTHAPURAM, POOVAR P.O., 695 525.

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5. MR. RATHEESH,

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SUB INSPECTOR OF POLICE, POOVAR POLICE STATION, THIRUVANANTHAPURAM, POOVAR P.O., 695 525.

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6. MR. PRADEEP, ASST. SUB INSPECTOR OF POLICE, POOVAR POLICE STATION, THIRUVANANTHAPURAM. POOVAR P.O., 695 525.

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R1 TO R3 BY GOVT. PLEADER MR.ALEX M.THOMBRA.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/11/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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**K.M.JOSEPH & M.C.HARI RANI, JJ. * * * * * * * * * * * * *** W.P.C.No.32606 of 2010

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Dated this the 11^th day of November 2010

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J U D G M E N T

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K.M.JOSEPH,J

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The petitioner has approached this Court seeking the following reliefs:

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i) to issue a writ of mandamus or other appropriate writ, order or direction to the 1^st and 2^nd respondents to initiate departmental as well as criminal proceedings against the 4^th , 5^th and 6^th respondents in pursuance of the complaint in Exhibit P-1 representation;

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ii) to issue any appropriate writ, order or direction to the 1^st respondent to award an amount deemed fit by this Hon'ble Court, as compensation to the petitioner;

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In the statement filed by the 5^th respondent, it is inter alia stated that despite signal given by the police party to stop the lorry which was being driven by the petitioner, it was not stopped. Then the police party followed the lorry and suddenly the petitioner jumped out of the lorry. Only reasonable force is used by the police to apprehend the petitioner. It is also stated

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W.P.C.No.32606 of 2010

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that the petitioner lodged Ext.P1 complaint against him and the Circle Inspector of Police staking some false allegations. Now, the Deputy Superintendent of Police, Special Team, Police Head Quarters is conducting the enquiry as ordered by the Director General of Police. The allegation of torture is denied. The learned Government Pleader submits that the enquiry shall be completed within a period of four months and the petitioner shall be informed of the result of the enquiry.

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Recording the submissions in the statement and the submission of the learned Government Pleader, this writ petition is disposed of.

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(K.M.JOSEPH, JUDGE)

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(M.C.HARI RANI, JUDGE)

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jsr

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// True Copy// PA to Judge

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W.P.C.No.32606 of 2010 3

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W.P.C.No.32606 of 2010

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K.M.JOSEPH & M.C.HARI RANI, JJ.

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.No. of 200

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ORDER/JUDGMENT

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30/082010

Sajikumar v. State of Kerala & Others

Case brief

What is this about?

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Sajikumar v. State of Kerala & Others

Case brief

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