Petitioner sought CRPC order directing SP to register a crime based on police complaint. Court noted SP disposed matter citing civil nature of dispute and noted liberty to challenge. Dismissed with liberty to challenge grievances.
Disposed of Crl MC with liberty to challenge grievances against SP decisions in accordance with law.
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 ALEXANDER THOMAS
FRIDAY, THE 05TH DAY OF APRIL 2019 / 15TH CHAITHRA, 1941
Crl.MC.No. 1201 of 2019
PETITIONER
SATHI AGED 53 YEARS W/O SOMAN, SHILPA VILASAM, VADAMAN.P.O, ANCHAL, KOLLAM-691306.
BY ADVS. SRI.SREEKANTH S.NAIR SRI.M.ZIYAD SRI.S.JATHIN DAS
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2 THE SUPERINTENDENT OF POLICE, KOTTARAKARA RURAL, KOLLAM-691001. 3 THE STATION HOUSE OFFICER, ANCHAL POLICE STATION, KOLLAM DISTRICT, PIN-691001. 4 JULEE BABU, W/O.BABU,CHERUVILAYIL VEEDU, KOTTARAKKARA, KOLLAM DISTRICT,PIN-691506. 5 BABU, CHERUVILAYIL VEEDU,KOTTARAKKARA, KOLLAM DISTRICT,PIN-691506. SRI.AMJAD ALI, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05.04.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.1201 of 2019
2
ALEXANDER THOMAS, J.
===========================
Crl.M.C.No.1201 of 2019
===========================
Dated this the 05th day of April, 2019
ORDER
The prayer in the above Crl.M.C is as follows:
“to allow this Criminal Miscellaneous Case and pass an order directing the 2nd and 3rd respondents to register a crime on the basis of Annexure A1 complaint.”
2. Learned Public Prosecutor submits on the basis of instructions
that the matter raised in Annexure-A1 complaint/petition has already been considered and disposed of by the 2nd respondent Superintendent of Police (Rural), Kottarakkara, Kollam, whereby the petitioner has been requested to approach the Civil Court as the matters raised therein are mainly in the realm of civil disputations, leaving liberty to challenge grievances against the said decisions for her, to work out her remedies, in accordance with law.
With the said liberty, the above Crl.M.C will stand disposed of.
Sd/ALEXANDER THOMAS JUDGE
vgd
Crl.M.C.No.1201 of 2019
3
APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A1
TRUE COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE SUPERINTENDENT OF POLICE,KOTTARAKKARA RURAL DATED 21.11.2019.
ANNEXURE A2
TRUE COPY OF THE ACKNOWLEDGMENT DATED 21.11.2018 ISSUED BY THE OFFICE OF THE 2ND RESPONDENT.
1 issue framed by the court
Whether SP was justified in directing petitioner to approach Civil Court instead of registering a crime based on civil dispute allegations.
Sathi
State of Kerala
Superintendent of Police, Kottarakkara Rural
Station House Officer, Anchal Police Station
Julee Babu
Babu
Alexander Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
