Dismissed

Binoy v. State of Kerala

Kerala HC2 Jul 2019WP(C)/6344/2019

Case brief

AI extract

What is this about?

The petitioner filed a writ petition directing the Director of Forensic Science Laboratory to forward a handwriting expert report expeditiously, alleging the case was categorized as noncognizable without the report. The Court rejected the petitioner's grievance based on the Public Prosecutor's submission that the report was obtained and the case proceedings advanced accordingly.

What did the court decide?

No direction issued to the 2nd respondent; petitioner to work out remedies in accordance with law.

Binoy Vs State of Kerala — Writ and Judicial Review | Kerala HC (2019)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

¶4

TUESDAY, THE 02ND DAY OF JULY 2019 / 11TH ASHADHA, 1941

¶5

WP(C).No.6344 of 2019

¶6

PETITIONER:

¶7

BENOY AGED 49 YEARS S/O. VIDYADHARAN, REMABHAVANAM, MAHADEVIKAD MURI, KARTHIKAPALLY TALUK, ALAPPUZHA DISTRICT.

¶8

BY ADVS. SMT.HYMA.S SMT.LISHA.M.G. SRI.M.K.SHAJI

¶9

RESPONDENTS:

¶10

1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.

¶11

2 THE DIRECTOR OFFICE OF THE DIRECTOR OF FORENSIC SCIENCE LABORATORY, THIRUVANANTHAPURAM - 695 010

¶12

3 LEKHA.N. AGED 43 YEARS U.K. CLERK, TALUK OFFICE, HARIPAD, ALAPPUZHA DISTRICT, RESIDING AT PUTHENVEETIL, PUTHIYAVILA, PATTOLI MARKET.P.O., ARATTUPUZHA VILLAGE, ALAPPUZHA DISTRICT - 690 514

¶13

4 G. USHA U.D. CLERK, TALUK OFFICE, HARIPAD, ALAPPUZHA DISTRICT, RESIDING AT POST OFFICE MADAM, KARUVATTA, ALAPPUZHA DISTRICT - 690 514 BY ADV. SMT.BINDU SUKUMARAN

¶14

SRI AJITH MURALI PUBLIC PROSECUTOR

¶15

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.07.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶16

WP(C).No.6344 of 2019

¶17

¶18

JUDGMENT

¶19

The petitioner herein is the de facto complainant in Crime No.167 of 2017 of the Haripad Police Station. His grievance is that certain documents were forwarded to the handwriting expert from the court and without obtaining the report, the case was categorized as noncognizable. His prayer is to issue necessary directions to the 2^nd respondent to forward the report of the handwriting expert in an expeditious manner.

¶20

The learned Public Prosecutor, on instructions, submitted that the report of the handwriting expert was, in fact, obtained and it was thereafter that Exhibit P5 notice was issued to the informant under Sections 157(2) and 173(1)(b) of the Cr.P.C. The report of the handwriting expert did not corroborate the case of the petitioner, submits the learned Public Prosecutor.

¶21

In view of the submission of the learned Public Prosecutor,

¶22

no further orders are required to be issued in the instant petition. The petitioner may work out his remedies in accordance with law.

¶23

This petition will stand dismissed.

¶24

Sd/-

¶25

RAJA VIJAYARAGHAVAN V

¶26

JUDGE

¶27

IAP

¶28

WP(C).No.6344 of 2019

¶29

¶30

APPENDIX

¶31

PETITIONER'S/S EXHIBITS:

¶32

EXHIBIT P1 TRUE COPY OF THE F.I.R. IN CRIME NO. 167/2017 OF HARIPAD POLICE STATION.

¶33

EXHIBIT P2 TRUE COPY OF THE ORDER IN CRL.M.C. NO.7035/2017 DATED 30.10.2017 OF THE HON'BLE HIGH COURT OF KERALA.

¶34

EXHIBIT P3 TRUE COPY OF THE FORM - 15 PRODUCED BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT - II, HARIPAD

¶35

EXHIBIT P4 TRUE COPY OF THE RECEIPT DATED 23.1.2018 ISSUED FROM THE OFFICE OF THE DIRECTOR OF FORENSIC SCIENCE LABORATORY, THIRUVANANTHAPURAM TO THE JUDICIAL FIRST CLASS MAGISTRATE COURT-II, HARIPAD

¶36

EXHIBIT P5 ORIGINAL OF THE NOTICE DATED 12.2.2019 RECEIVED BY PETITIONER FROM HARIPAD POLICE STATION.

¶37

RESPONDENTS' EXHIBITS:

¶38

NIL

Binoy v. State of Kerala

Case brief

What is this about?

What did the court decide?

Binoy v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sanjeev Sharma, Vs State of Kerala

Dr. Prasitha Kumari Vs State of Kerala

Prasanth Raj Vs State of Kerala

Pradeep Vs State of Kerala

Sanjay Singh Chouhan Vs State of Kerala

Sudhakaran Vs State of Kerala