The High Court of Kerala closed a writ petition challenging an investigation, noting the final report had been filed by the police. The court left open the liberty to challenge the final report under separate proceedings.
Writ petition closed; liberty granted to challenge final report via separate legal proceedings.
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 B.SUDHEENDRA KUMAR
TUESDAY, THE 22ND DAY OF AUGUST 2017/31ST SRAVANA, 1939
WP(C).No. 38981 of 2016 (W) ----------------------------
PETITIONER(S):
SHANTHI ROSELIN AGED 43 YEARS, W/O SAHAYARAJ, 32 SAMIYAR NEW STREET, STRET NO.1, KOTTAI MEDU, COIMBATORE, TAMILNADU- 641 042
BY ADVS.SRI.S.RAJEEV SRI.K.K.DHEERENDRAKRISHNAN SRI.V.VINAY SRI.D.FEROZE
RESPONDENT(S):
1. STATE OF KERALA REP. BY HOME SECRETARY, GOVERNMN SECRETARIAT, THIRUVANANTHAPURAM- 695 001
2. STATE POLICE CHIEF POLICE HEADQUQRTERS, THIRUVANANTHAPRUAM- 695 001
3. SUPERINTENDENT OF POLICE OFFICE OF THE SUPERINTENDENT OF POLICE PALAKKAD- 678 001, KERALA
4. DEPUTY SUPERINTENDENT OF POLICE OFFICE OF THE SUPERINTENDENT OF POLICE, PALAKKAD- 678 001
5. CIRCLE INSPECOR OF POLICE WALAYAR POLICE STATION, PALAKKAD - 678 024
6. SUB INSPECTOR OF POLICE WALAYAR POLICE STATION, PALAKKAD 678 624 (CRIME NO,.854/20913 OF WALAYA POLICE STATION, PALLAKKAD DIST)
7. DIRECTOR CENTRAL BUREAU OF INVESTIGATION ENAKULAM BRANCH, KADAVANTHARA, ERNAKULAM - 682 020
BY SRI.P.CHANDRASEKHARA PILLAI, S.C., C.B.I.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22-08-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 38981 of 2016 (W)
APPENDIX
PETITIONER(S)' EXHIBITS ----------------------EXHIBTP1 TRUE COPY OF FI IN CRIME NO.854 OF 2013 EXHIBITP2 COPY OF THE POST MORTEM OF FAHIMA SOFIYA EXHIBIT P3 COPY OF THE EPORT SUBMITTED BY SUB INSPECTOR OF POLICE, WALAYAR POLICE STATION,BEFORE THE SUB DIVISIONAL MAGISTRATE ON 04-08-2013 EXHIBITP4 COPY OF THE REMAND REPORT SUBMITTED BEFORE THE FIRST ADDITIONAL SESSIONS COURT, PALAKKAD EXHIBITP5 COPY OF THE REPORT DATED 04-04-2016 PREPARED BY 4TH RESPONDENT EXHIBITP6 COPY OF THE RODER DATED 28-10-2016 ISSUED BY 1S RESPONDENT EXHIBIT P7 COPY OF THE REPRESENTATION BEORE THE 2ND AND 3RD RESPONDENT RESPONDENT'S EXHIBITS: NIL
//TRUE COPY//
P.A. TO JUDGE
STK
B. SUDHEENDRA KUMAR, J.
--------------------------------
W.P.(C.) No.38981 of 2016
Dated this the 22nd day of August, 2017
JUDGMENT
When this matter has been taken up for hearing, the
learned Public Prosecutor on instructions has submitted that
the final report had been already filed by the Police before the court on 15.12.2016 for offences under Sections 306, 376, 201 and 202 r/w 149 IPC and Section 3(a) r/w Section 4 of Protection of Children from Sexual Offence Act, 2012. In
view of the above submission of the learned Public Prosecutor, this Writ Petition stands closed.
However, if the petitioner is aggrieved by the final report, the petitioner shall be at liberty to challenge the same, in accordance with law.
Sd/-
B. SUDHEENDRA KUMAR, JUDGE
STK
//TRUE COPY//
//P.A. TO JUDGE//
Shanthi Roselin
State of Kerala
B Sudheendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
