Disposed

S. Suresh Babu v. Vijayarajan

Kerala HC22 Jan 2016Crl.MC/199/2016

Case brief

AI extract

What is this about?

In a criminal miscellaneous petition concerning inadequate investigation in an FIR registered in 2012, the court directed the investigating officer to complete the inquiry promptly and submit the final police report within three months of receiving the forensic science laboratory report.

What did the court decide?

Directed the investigating officer to complete the investigation and file the final report within three months of receiving the Forensic Science Laboratory report.

S. Suresh Babu Vs Vijayarajan — Constitutional and Fundamental Rights | Kerala HC (2016)

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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 B.KEMAL PASHA

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FRIDAY, THE 22ND DAY OF JANUARY 2016/2ND MAGHA, 1937

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Crl.MC.No. 199 of 2016 ()

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CMP 1998/2012 of JUDICIAL FIRST CLASS MAGISTRATE COURT-I, KOLLAM

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PETITIONER/COMPLAINANT :

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----------------------------------------

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S. SURESH BABU, AGED 44 YEARS, S/O. SUNDARESAN, BABU NIVAS, HOUSE NO.IV/193, KUNNATHUR VILLAGE, ALATHUR TALUK, PALAKKAD DISTRICT.

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BY ADVS.SMT.DAISY A.PHILIPOSE SRI.JAI GEORGE

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RESPONDENTS(ACCUSED 1 TO 3 & STATE) :

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--------------------------------------------------------------

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1. VIJAYARAJAN S/O.YOHANNAN, KATTUVILA VEEDU, HOUSE NO.XVI/319 MANGADU CHERRY, MANGADU P.O., PIN -

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2. MINI RAJAN, W/O.VIJAYARAJAN, KATTUVILA VEEDU, HOUSE NO.XVI/319, MANGADU CHERRY, MANGADU P.O., PIN -

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3. Y.JOSEPH, S/O. YOHANNAN, THADATHUVILA VEEDU, HOUSE NO.P.P.11/138, PERAYAM CHERRY, MULAVANA P.O., KOLLAM DISTRICT. PIN -

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4. THE SUB INSPECTOR OF POLICE, KUNDARA POLICE STATION.

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5. STATE OF KERALA

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REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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R4 & R5 BY PUBLIC PROSECUTOR SMT. P. MAYA

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22-01-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 199 of 2016 ()

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APPENDIX

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PETITIONER(S)' EXHIBITS

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ANNEXURE-1: A TRUE COPY OF THE PRIVATE COMPLAINT FILED BY THE PETITIONER AS C.M.P NO.1998/2012 DATED 27.3.2012 BEFORE THE JFCM-I, KOLLAM.

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ANNEXURE-2: A TRUE COPY OF THE FIR IN CRIME NO.558/212 DATED 2.4.2012 REGISTERED BY KUNDARA POLICE STATION

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ANNEXURE-3: A TRUE COPY OF THE QUICK VERIFICATION REPORT NO.QV28/14/KLM OBTAINED BY THE PETITIONER UNDER THE RIGHT TO INFORMATION ACT.

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RESPONDENT(S)' EXHIBITS : NIL.

//TRUE COPY//

P.A. TO JUDGE

B. KEMAL PASHA, J.

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CRL.M.C. No. 199 of 2016

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............................................................... Dated this the 22^nd day of January, 2016

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O R D E R

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Heard the learned counsel for the petitioner and the learned Public Prosecutor.

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The complaint is with regard to the inadequacy of proper investigation in Crime No.558/2012 of Kundara police Station.

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The learned Public Prosecutor has pointed out that initially the investigation was being conducted by the Sub Inspector of Police and he was about to close the matter. At that time, due to the intervention of the District Police Chief, the matter was reopened and the investigation was handed over to the Circle Inspector of Police. The Circle Inspector of Police has been conducting investigation

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CRL.M.C.No. 199 of 2016

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-: 2 :-

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in the case right from 11-03-2015 onwards. Expert opinion with regard to the handwriting, signature etc. was required and therefore, the matter was sent to the Forensic Science Laboratory for the said purpose. The investigating officer is presently awaiting the report from the Forensic Science Laboratory. It is also reported that some more time is required for completing the investigation.

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This Crl.M.C. is disposed of by directing the present investigating officer to complete the investigation expeditiously. On getting the report from the Forensic Science Laboratory, the investigating officer shall file the final report within three months. In case of any further grievance, it is open to the petitioner to approach this Court again.

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Sd/- B. KEMAL PASHA, JUDGE.

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ul/-

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[True copy] P.S. to Judge

S. Suresh Babu v. Vijayarajan

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S. Suresh Babu v. Vijayarajan

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