Disposed

B.M.Ibrahim v. State of Kerala

Kerala HC21 Jun 2016WP(C)/18188/2016

Case brief

AI extract

What is this about?

This writ petition sought directions to expedite investigation in a cheating and forgery case. The Court found the petitioner's non-cooperation hampers the process and directed him to appear and provide samples within two weeks, while directing the police to investigate fairly.

What did the court decide?

Petitioner directed to appear and provide signature/handwriting samples within two weeks; 4th respondent to carry out investigation expeditiously.

B.M.Ibrahim Vs State of Kerala — Cheating and Forgery | Kerala HC (2016)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

¶4

TUESDAY, THE 21ST DAY OF JUNE 2016/31ST JYAISHTA, 1938

¶5

WP(C).No. 18188 of 2016 (W)

¶6

PETITIONER :

¶7

B.M.IBRAHIM

¶8

S/O.MOIDENKUTTY, AGED 42 YEARS RESIDING AT BERIKE HOUSE, DELAMPADY VILLAGE AND POST, KASARAGOD TALUK & DISTRICT.

¶9

BY ADVS.SRI.T.MADHU

¶10

SMT.C.R.SARADAMANI

¶11

RESPONDENTS :

¶12

1. THE STATE OF KERALA REPRESETNED BY ITS SECRETARY TO GOVERNMENT, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001

¶13

2. THE STATE POLICE CHIEF OFFICE OF THE STATE POLICE CHIEF, POLICE HEAD QUARTERS,THIRUVANANTHAPURAM – 695001.

¶14

3. THE DISTRICT POLICE CHIEF OFFICE OF THE DISTRICT POLICE CHIEF, KASARAGOD , KASARAGOD DISTRICT - 671121

¶15

4. THE STATION HOUSE OFFICER ADHUR POLICE STATION, KASARAGOD DISTRICT - 671543

¶16

R1 TO R4 BY PUBLIC PROSECUTOR SMT. SAREENA GEORGE

¶17

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21-06-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶18

¶19

...2/-

¶20

WP(C).No. 18188 of 2016 (W)

¶21

APPENDIX

¶22

PETITIONER(S)' EXHIBITS :

¶23

EXT. P1 THE TRUE COPY OF THE COMPLAINT IN CMP NO 2918/2014 ON THE FILES OF THE LEARNED JUDICIAL FIRST CLASS MAGISTRATES COURT- I , KASARAGOD DISTRICT

¶24

EXT. P2 THE TRUE COPY OF THE FIR CIME NO. 172/2014 OF ADHUR POLICE STATION, KASARAGOD DISTRICT

¶25

RESPONDENT(S)' EXHIBITS : NIL

//TRUE COPY//

P.S. TO JUDGE

RAJA VIJAYARAGHAVAN. V., J.

¶30

W.P.(C) No. 18188 of 2016

¶31

Dated this the 21^st day of June, 2016

¶32

J U D G M E N T

¶33

~~~~~~~

¶34

1.The petitioner is the de facto complainant in Crime No.172

¶35

of 2014 of Adhur Police Station. The aforesaid crime has been registered alleging offences punishable under Sections 417, 420, 468 and 471 of the IPC.

¶36

2. In this petition, the petitioner seeks direction to the 4^th respondent to complete the investigation in the aforesaid crime in an expeditious manner. The learned Public Prosecutor was directed to get instructions. It is submitted by the learned Public Prosecutor that effective investigation could not be carried out due to the non cooperation of the petitioner himself. Though the petitioner was repeatedly requested to furnish his signature and handwriting for the purpose of sending the

¶37

W.P.(C) No.18188/2016 -2-

¶38

same to the handwriting expert for comparison, but for reasons best known to him, he has evaded. The learned counsel staunchly denies the same and submits that he is prepared to appear before the Investigating officer and he prays that necessary directions be issued to expedite the whole process.

¶39

3. Having regard to the facts and circumstances, I am of the view that the petition itself can be disposed of directing the petitioner to appear before the investigating officer within a period of two weeks and to cooperate with the investigation. The petitioner shall furnish his handwriting and signature for the purpose of sending the same to the expert for the purpose of comparison. The 4^th respondent is directed to carry out the investigation in a free and fair manner and to take it to its logical conclusion expeditiously.

¶40

RAJA VIJAYARAGHAVAN.V. JUDGE

¶41

Ps/21/6/16

¶42

W.P.(C) No.18188/2016

¶43

-3-

¶44

//True copy//

¶45

PA to Judge

B.M.Ibrahim v. State of Kerala

Case brief

What is this about?

What did the court decide?

B.M.Ibrahim v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Bibin Vs State of Kerala

Aneesh K.V Vs the State of Kerala

Abdul Rahiman K.P. Vs Station House Officer

Biju Vs State of Kerala

Vishnu Vs State of Kerala

Mahmood Vs State of Kerala