Petitioner as defacto complainant sought direction for effective investigation in a criminal case. Court closed the petition noting police had already submitted a final report, directing petitioner to challenge it via proper proceedings if aggrieved.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID
WEDNESDAY, THE 2ND DAY OF DECEMBER 2015/11TH AGRAHAYANA, 1937
Crl.MC.No. 1134 of 2015 ()
CRIME NO. 66/2015 OF KUTTIYADI POLICE STATION , KOZHIKODE
PETITIONER/DEFACTO COMPLAINANT:
SAINABA, AGED 39 YEARS W/O.ABDUL RAHIMAN, MEETHALE HOUSE, POOLAKKAL.P.O KAKKATTIL, VADAKKARA TALUK, KOZHIKODE DISTRICT.
BY ADV. SMT.P.K.PRIYA
RESPONDENTS/COMPLAINANT:
KOONIYIL HOUSE, PALERI, VADAKARA-673101.
S/O.AHAMMED, PUTHIYEDATH, PALERI VADAKARA-673101.
S/O.KUNHAMI, PARAYARATH PALERI, VADAKARA-673101.
Crl.MC.No. 1134 of 2015
-2-
R1 TO R3 BY PUBLIC PROSECUTOR SRI.JUSTIN JACOB
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 1134 of 2015 ()
APPENDIX
PETITIONER(S)' EXHIBITS:
ANNEXURE-A1 TRUE COPY OF THE FIR IN CRIME NO.66/2015 OF KUTTIADY POLICE STATION ANNEXURE-A2 TRUE COPY OF THE COMPLAINT FILED BY THE DE-FACT0 COMPLAINANT BEFORE THE 2ND RESPONDENT
ANNEXURE-A3 TRUE COPY OF THE RECEIPT ISSUED BY THE OFFICE OF THE 2ND RESPONDENT DATED 04.02.2015.
RESPONDENT(S)' EXHIBITS:
/TRUE COPY/
P.A TO JUDGE
P. UBAID, J.
Crl.M.C.No.1134 of 2015
--------------------------------------Dated this the 2nd day of December, 2015
The petitioner herein is the defacto complainant in Crime
No.66/2015 of the Kuttiady Police Station registered under Sections 143, 147, 148, 452, 323, 427, 354 and 149 IPC. She seeks a direction for effective investigation in the crime. Now, it is submitted by the learned Public Prosecutor that the police has already submitted final report in the crime on 25.02.2015, and that on the said final report the learned Judicial First Class Magistrate Court, Nadapuram has taken cognizance as C.C.No.283/2015. In such a situation, this Crl.M.C. need not proceed. If the final report submitted by the police is not acceptable to the petitioner for any reason under the law, or if she is in any manner aggrieved by the final report, she can very well bring proper proceeding as regards the final report. Giving such liberty, this Crl.M.C. can be closed. Hence, this petition is closed, recording the submission made by the Public Prosecutor that the police has submitted final report in the crime.
Sd/P. UBAID, JUDGE
sd
// True Copy // P.A. to Judge
1 issue framed by the court
Whether to grant a direction for effective investigation or close the petition given the submission of a final report by police.
SAINABA, AGED 39 YEARS W/O.ABDUL RAHIMAN
SUPERINTENDENT OF POLICE, KOZHIKODE RURAL
DEPUTY SUPERINTENDENT OF POLICE, NADAPURAM
STATION HOUSE OFFICER, KUTTIADY POLICE STATION
SOOPY MANIKANDY
SAJID
P. UBaid
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
