Single judge order on Criminal Miscellaneous Case where petitioner complained of unfair investigation and charge sheet omission despite injuries, but court concluded grievance was non-existent as case was posted for evidence.
Petition closed as petitioner has no subsisting grievance.
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 RAJA VIJAYARAGHAVAN V
FRIDAY, THE 24TH DAY OF JUNE 2016/3RD ASHADHA, 1938
Crl.MC.No. 2949 of 2016 ()
CRIME NO. 301/2016 OF PONNANI POLICE STATION , MALAPPURAM
PETITIONER(S)/COMPLAINANT:
SIJEESH, AGED 31 YEARS, S/O.GANGADHARAN, CHIRAKKAL HOUSE, ANAPPADI, PONNANI SOUTH, MALAPPURAM DISTRICT.
BY ADV. SRI.T.G.RAJENDRAN
RESPONDENT(S)/ACCUSED AND STATE:
1. THE SUB INSPECTOR OF POLICE, PONNANI POLICE STATION, MALAPPURAM-676 505.
2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.
3. HAMSAKOYA,
4. NAZAR,
S/O.BEERANKUTTY, KATHIRINTE HOUSE, NEAR NAYADI COLONY, ANAPPADI, PONNANI SOUTH PO-676 505.
5. THE DEPUTY SUPERINTENDENT OF POLICE, CRIME BRANCH, MALAPPURAM-676 505.
R1,2 & R5 BY PUBLIC PROSECUTOR ADV.SRI.V.S.SREEJITH
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24-06-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
AD
Crl.MC.No. 2949 of 2016 ()
APPENDIX
PETITIONER(S)' EXHIBITS -------------------------------------ANNEXURE I : TRUE COPY OF THE WOUND CERTIFICATE. ANNEXURE II : TRUE COPY OF THE FIRST INFORMATION REPORT. ANNEXURE III : TRUE COPY OF THE COMPLAINT SENT BY THE PETITIONER TO THE 1ST RESPONDENT ON 12-4-2016.
RESPONDENT(S)' EXHIBITS ----------------------------------------
NIL
//TRUE COPY//
P.A. TO JUDGE
AD
RAJA VIJAYARAGHAVAN.V., J
Crl.M.C. No. 2949 of 2016
ORDER
Crl.M.C. No.2949 of 2016 -2-
misconceived. It is pointed out that in the course of investigation a report was submitted before the court incorporating offence under Section 308 of the IPC. It is asserted that investigation is free and fair and the case has been numbered and posted for evidence.
In the result, this petition is closed.
Sd/- RAJA VIJAYARAGHAVAN.V., JUDGE
kp/-25.6.16
3 issues framed by the court
Whether the petitioner has subsisting grievance regarding the final report laying charges only under Sections 341 and 324 IPC ignoring serious injuries sustained.
Whether the investigation was fair despite allegations by the petitioner's counsel.
Whether the petition challenging the final report numbering and posting for evidence under Section 308 IPC should be maintained.
2 provisions across 1 enactments
SIJEESH
HAMSAKOYA
NAZAR
STATE OF KERALA
RAJA VIJAYARAGHAVAN V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
