Disposed

Rajesh M.S. v. State of Kerala

Kerala HC11 Jan 2019Crl.MC/105/2019

Case brief

AI extract

What is this about?

In this criminal miscellaneous case, the High Court directed the District Police Chief to dispose of a petition within three weeks. The trial in the impugned court was stayed for two months to enable further investigation. The petitioner may approach the court again if aggrieved.

What did the court decide?

Directing the third respondent to take appropriate action on Ext.P4 petition within three weeks; trial stayed for two months.

Rajesh M.S. Vs State of Kerala — Criminal Trial and Appeal | Kerala HC (2019)

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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 K.ABRAHAM MATHEW

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FRIDAY ,THE 11TH DAY OF JANUARY 2019 / 21ST POUSHA, 1940

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Crl.MC.No. 105 of 2019

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CC 155/2017 OF C.J.M., ALAPPUZHA

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CRIME NO. 851/2016 OF ALAPPUZHA NORTH POLICE STATION

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PETITIONER/S:

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RAJESH M.S., S/O M.S. SIVARAJAN, MADAPALLIYIL HOUSE, TEEKOY VILLAGE AND KARA, MEENACHIL TALUK, KOTTAYAM DISTRICT

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BY ADV. SRI.TOM JOSE (PADINJAREKARA)

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RESPONDENT/S:

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1 STATE OF KERALA, REPRESENTATED BY ADDITIONAL CHIEF SECRETARY, HOME & VIGILANCE, THIRUVANANTHAPURAM – 695001

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2 STATE POLICE CHIEF, THIRUVANANTHAPURAM – 695001

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3 DISTRCT POLICE CHIEF, ALAPPUZHA

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4 SUB INSPECTOR OF POLICE, ALAPPUZHA NORTH POLICE STATION, ALAPPUZHA

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OTHER PRESENT:

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SRI. ALEX M THOMBRA SR PP

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11.01.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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..2..

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Crl.MC.No. 105 of 2019

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ORDER

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Petition filed under Section 482 Cr.P.C.

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The petitioner was the informant/victim in CC No. 155 of 2017 pending in the Court of Chief Judicial Magistrate, Alappuzha. Aggrieved by the final report, he filed Annexure-4 petition before the third respondent, District Police Chief, to direct further investigation. It has

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not been disposed of so far. So, the petitioner prays that the third respondent may be directed to dispose of Annexure-4 petition. He also prays that further investigation may be ordered by this court.

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

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After perusing the reports and hearing both

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sides, I am satisfied that the prayer to direct the third respondent to dispose of

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Crl.MC.No. 105 of 2019

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..3..

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Annexure-4 petition is reasonable. The petitioner may approach this court again if he is aggrieved by the order that may be passed by the third respondent. In the result, this Crl.M.C. is disposed of directing the third respondent to take appropriate action on Ext.P4 petition within three weeks from the date of receipt or production of a copy of this order, whichever is earlier. If the petitioner is aggrieved by it, he may approach this court again to redress his grievance. The trial in the trial

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court is stayed for two months.

Sd/-

K.ABRAHAM MATHEW

JUDGE

Bka/14.01.2019

Crl.MC.No. 105 of 2019

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..4..

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE-1 TRUE COPY OF THE FIS AND FIR.

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ANNEXURE-2 TRUE COPY OF THE CHARGE SHEET.

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ANNEXURE-3 TRUE COPY OF THE REPORT FILED BY THE ELECTRICAL INSPECTOR, CW7.

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ANNEXURE-4 TRUE COPY OF THE PETITION AND RECEIPT ISSUED BY THE OFFICE OF THE DISTRICT POLICE CHIEF, ALAPPUZHA DATED 16/11/2018.

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ANNEXURE-5 TRUE COPY OF THE POST-MORTEM REPORT OF THE VICTIM.

Rajesh M.S. v. State of Kerala

Case brief

What is this about?

What did the court decide?

Rajesh M.S. v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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