Disposed

Damayanthi v. State of Kerala

Kerala HC8 Nov 2019WP(C)/30100/2019

Case brief

AI extract

What is this about?

In this writ petition, the petitioner sought a direction to the Police Chief to entrust investigation of a specific FIR to the Crime Branch. The court held that the petitioner should file a proper representation with the Superintendent of Police, who will then examine the matter and decide.

What did the court decide?

Petitioner directed to file petition with S.P.; S.P. to examine report and decide on transfer of investigation within 6-8 weeks.

Damayanthi Vs State of Kerala — Writ and Judicial Review | 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 ALEXANDER THOMAS

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FRIDAY, THE 08TH DAY OF NOVEMBER 2019 / 17TH KARTHIKA, 1941 WP(C).No.30100 OF 2019(J)

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PETITIONER:

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DAMAYANTHI AGED 84 YEARS VILLUMANGALAM, T. C. NO.14/1025, KANAKANAGAR, VELLAYAMBALAM, KOWDIYAR P. O., THIRUVANANTHAPURAM.

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BY ADVS. SRI.V.G.ARUN (K/795/2004) SMT.V.JAYA RAG SMT.INDULEKHA JOSEPH SRI.NEERAJ NARAYAN

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RESPONDENTS:

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1 STATE OF KERALA, REPRESENTED THROUGH SECRETARY, DEPARTMENT OF HOME AFFAIRS, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

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2 DIRECTOR GENERAL OF POLICE POLICE HEAD QUARTERS, THIRUVANANTHAPURAM.

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3 THE SUPERINTEND OF POLICE RURAL THIRUVANANTHAPURAM.

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4 DEPUTY SUPERINTEND OF POLICE NEYYATTINKARA, THIRUVANANTHAPURAM.

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5 CIRCLE INSPECTOR OF POLICE NEYYATTINKARA.

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6 SUB INSPECTOR OF POLICE PARASSALA.

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WP(C).No.30100 OF 2019(J)

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7 MADHUSOODANAN G. AGED 40 YEARS, S/O. GOPALA PANICKER, RESIDING AT KUMBHAMVILA, PUTHENVEEDU, ARAYOOR P. O., THIRUVANANTHAPURAM.

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8 V. M. SIVARAMAN AYYPACHANDRAN, SIVAGURUSADANAM, AMARAVILA P. O., NADUVOORKOLLA DESOM, KOLLIL VILLAGE, THIRUVANANTHAPURAM.

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9 P. SISHUPALAN MINI NIVAS, VELAKOODU MALAYIL KAVU, CHERIYAKOLLA DESOM, CHERIYAKOLLA P. O., THIRUVANANTHAPURAM.

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10 SATHYADAS C. ANIL BHAVAN, UDAYANKULANGARA, THIRUVANANTHAPURAM.

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SRI.SANTHOSH PETER, PUBLIC PROSECUTOR

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.11.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.30100 OF 2019(J)

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ALEXANDER THOMAS, J.

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===========================

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W.P(C) No.30100 of 2019

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===========================

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Dated this the 08^th day of November, 2019

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JUDGMENT

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The prayers in the above Writ Petition (Civil) are as follows:

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“i. issue a writ of mandamus or such other appropriate writ or direction commanding the 2^nd respondent to consider and pass orders on Exhibit P10 representation within a stipulated time.

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ii. Issue a writ of mandamus or such other appropriate writ or direction commanding the 3^rd respondent to conduct a proper investigtion in Ext.P8 FIR

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iii. pass such other orders, interlocutory or otherwise, which are deemed fit and proper in the interest of justice; and

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iv. allow this Writ Petition with costs.”

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Heard Sri.V.G.Arun, learned counsel appearing for the petitioner (de facto complainant) and Sri.Santhosh Peter, learned Public Prosecutor appearing for official respondents 1 to 6. In the nature of the orders proposed to be passed in this Writ Petition, notice to contesting respondents 7 to 10 will stand dispensed with.

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The petitioner now approached the 2^nd respondent-State Police Chief by submitting Ext.P-10 representation seeking for

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WP(C).No.30100 OF 2019(J)

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directions that the initiation in respect of Ext.P-8 Crime No.685/2019 of Parassala Police Station, Thiruvananthapuram be entrusted to the crime branch, etc.

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Taking note of the facts and circumstances of this case, it is ordered that it is for the petitioner to make appropriate request in that regard by filing a petition before the 3^rd respondent-Superintendent of Police rural, Thiruvananthapuram, who is the District Police Chief concerned, making out such plea in that regard and the petitions in that regard will be filed by the petitioner, within 2 to 3 weeks from the date notified for receiving a certified copy of this judgment and a copy of the judgment may accompany with such petition. On receipt of the said petition, the 3^rd respondent-District Police Chief will ensure that the entire CD files in relation to Ext.P-8 crime is got examined by a senior officer not below the rank of Deputy Superintendent of Police/Assistant Commissioner of Police, who will ascertain and give a report to the 3^rd respondent, as to the nature of the investigation so far conducted and as to whether the investigation is conducted in a proper and right line and also as to the deficiencies in the investigation, etc. Thereafter, on receipt of the said report, the 3^rd respondent-District Police Chief

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WP(C).No.30100 OF 2019(J)

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will consider the said plea of the petitioner in the abovesaid petition filed by him, as well as the report of the abovesaid officers not below the rank of Deputy Superintendent of Police/Assistant Commissioner of Police and then will take a considered decision, as to whether the investigation in Ext.P-8 crime is to be entrusted to a senior officer of the rank of Deputy Superintendent of Police/Assistant Commissioner of Police, preferably that of the District Crime Branch, etc. Decision in that regard should be rendered by the 3^rd respondent-District Police Chief, without much delay, preferably within a period of 6 to 8 weeks from the date of submission of the said petition to be filed by the petitioner as aforedirected.

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With these observations and directions, the above Writ Petition (Civil) will stand disposed of.

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Sd/-

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ALEXANDER THOMAS JUDGE

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vgd

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WP(C).No.30100 OF 2019(J)

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1	A TRUE COPY OF THE AGREEMENT DATED 17.3.2013
EXHIBIT P2	A TRUE COPY OF THE PLAINT IN O.S.NO.1201/2015 PENDING BEFORE THE PRINCIPAL MUNSIFF COURT, NEYYATTINKARA.
EXHIBIT P3	A TRUE COPY OF REPORT BEARING NO.CS-47/18 DATED 5.3.2019 SUBMITTED BY THE ASSISTANT DIRECTOR (DOCUMENTS -CIVIL) FORENSIC SCIENCE LABORATORY, THIRUVANANTHAPURAM
	BEFORE THE HON'BLE PRINCIPAL MUNSIFF COURT, NEYYATTINKARA.
EXHIBIT P4	A TRUE COPY OF THE COMPLAINT DATED 17.5.2019 FILED BY THE PETITIONER BEFORE THE STATION HOUSE OFFICER, PARASSALA.
EXHIBIT P5	A TRUE COPY OF THE RECEIPT ISSUED BY THE STATION HOUSE OFFICER, PARASSALA DATED 25.5.2019.
EXHIBIT P6	A TRUE COPY OF THE REPRESENTATION DATED 30.5.2019 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.
EXHIBIT P7	A TRUE COPY OF THE RECEIPT DATED 30.5.2019 ISSUED FROM THE POLICE HEAD QUARTERS TO THE PETITIONER.
EXHIBIT P8	A TRUE COPY OF THE FIR NO.0685 OF 2019 DATED 30.5.2019 ON THE FILES OF THE PARASSALA POLICE STATION .
EXHIBIT P9	A TRUE COPY OF THE ORDER IN BAIL
	APPLICATION NO.5803 OF 2019 DATED 22.8.2019.

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WP(C).No.30100 OF 2019(J)

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EXHIBIT P10 A TRUE COPY OF THE REPRESENTATION DATED 3.7.2019 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

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EXHIBIT P11 A TRUE COPY OF THE RECEIPT ISSUED FROM 2ND RESPONDENTS OFFICE TO THE PETITIONER.

Damayanthi v. State of Kerala

Case brief

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Damayanthi v. State of Kerala

Case brief

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