The High Court dismissed a writ petition filed by an accused seeking a direction for re-investigation by a superior officer. The court refused to consider merits, directing the petitioner to seek discharge from the trial court instead.
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
THURSDAY, THE 14TH DAY OF JULY 2016/23RD ASHADHA, 1938
WP(C).No. 21948 of 2016 (P)
PETITIONER(S):
ANEESH M.A.
AGED 30 YEARS, S/O.AYYAPPAN M.K., MALIYEKKATTIL VEEDU, AYIROOR PO, KUNNUKARA VILLAGE, PARAVUR TALUK, ERNAKULAM DISTRICT, PIN 683 579.
BY ADVS.SRI.K.J.MOHAMMED ANZAR
SMT.P.K.MINIMOLE SRI.DILEEP D BHAT
RESPONDENT(S):
1. STATE OF KERALA, REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY(HOMES), DEPARTMENT OF HOME AFFAIRS, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM, PIN 695 001.
2. THE DISTRICT POLICE CHIEF & SUPERINTENDENT OF POLICE, ERNAKULAM RURAL, ALUVA, OFFICE OF THE DISTRICT SUPERINTENDENT OF POLICE, ALUVA, ERNAKULAM DISTRICT, PIN 683 101.
3. THE STATION HOUSE OFFICER, CHENGAMANADU POLICE STATION, CHENGAMANADU, ERNAKULAM DISTRICT, PIN 683 578.
BY GOVERNMENT PLEADER SMT.SAREENA GEORGE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14-07-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PJ
WP(C).No. 21948 of 2016 (P)
APPENDIX
PETITIONER(S)' EXHIBITS
RESPONDENT(S)' EXHIBITS
NIL.
/ TRUE COPY /
P.S. TO JUDGE
PJ
RAJA VIJAYARAGHAVAN, V., J.
W.P.(C) No.21948 of 2016
-----------------------------------------Dated this the 14th day of July, 2016
J U D G M E N T
~~~~~~~~
1.This petition is filed after under Article 226 of the Constitution of India seeking the following reliefs:
(i) Issue a writ in the nature of mandamus or any other appropriate writ, order or directions commanding the 2nd respondent, the District Police Chief, Ernakulam Rural, Aluva to entrust the investigation in Crime No.148/2012 of Chengamanadu Police Station with an officer, superior to the present investigating officer, with a fair and good track record.
(ii) Issue a writ in the nature of mandamus or any other appropriate writ, order or directions commanding the 1st respondent to place on record before this Hon'ble Court to follow up action taken, if any, on Ext.P4 representation.
W.P.(C) No.21948/2016
-2-
W.P.(C) No.21948/2016
-3-
it is for the petitioner to approach the court below and file
appropriate application seeking discharge.
This petition is dismissed with the above observations.
sd/-
RAJA VIJAYARAGHAVAN, V.
JUDGE
Ps/14/7/16
2 issues framed by the court
Whether the High Court should entertain the writ petition seeking direction to entrust investigation with a superior officer given the facts on record.
Whether the court should issue directions to the State to follow up action on the petitioner's representation.
ANEESH M.A.
STATE OF KERALA
DISTRICT POLICE CHIEF & SUPERINTENDENT OF POLICE, ERNAKULAM RURAL
RAJA VIJAYARAGHAVAN V.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
