The High Court dismissed the petitioner's claim for change of investigation officer but directed the District Police Chief to supervise the investigation conducted by the Sub Inspector ensuring expedition within two months.
Petitioner granted direction for supervision of investigation by 4th respondent with timeline of two months.
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 RAJA VIJAYARAGHAVAN V
MONDAY, THE 17TH DAY OF JUNE 2019 / 27TH JYAISHTA, 1941
WP(C).No.8406 of 2019
PETITIONER:
SUNIL SEBASTIAN, AGED 48 YEARS, S/O.SEBASTIAN, PUNNOLIKUNNEL HOUSE, KANJAR BHAGAM, KEETTILA KARA, KUDAYATHUR VILLAGE, KANJAR, IDUKKI.
BY ADVS. SRI.S.RAJEEV SRI.D.FEROZE SRI.K.ANAND (A-1921) SRI.K.K.DHEERENDRAKRISHNAN SRI.V.VINAY
RESPONDENTS:
1 STATE OF KERALA, REP.BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM-695001.
2 DIRECTOR GENERAL OF POLICE/ STATE POLICE CHIEF, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM-695001.
4 CIRCLE INSPECTOR OF POLICE, KANJAR CIRCLE, IDUKKI DISTRICT-685592 (CRIME NO.606/2018 OF KANJAR POLICE STATION, IDUKKI DISTRICT)
5 SUB INSPECTOR OF POLICE, KANJAR POLICE STATION, IDUKKI DISTRICT-685592 (CRIME NO.606/2018 OF KANJAR POLICE STATION, IDUKKI DISTRICT).
SMT. M. K. PUSHPALATHA – SR. GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17.06.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
The petitioner herein is the de facto complainant in Crime No.606 of 2018 of Kanjar Police Station registered, on 16.12.2018, under Sections 120(B) & 506(i) of the IPC. Essentially, the prosecution allegation is that the accused employed a hired criminal to criminally intimidate the petitioner and for that purpose, entered into a conspiracy.
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The investigation shall be completed expeditiously and appropriate report shall be filed before the jurisdictional court, within a period
of two months from today.
This petition is disposed of.
SD/-
RAJA VIJAYARAGHAVAN V., JUDGE
IAP
//TRUE COPY// P.A. TO JUDGE
WP(C).No.8406 of 2019
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.606/2018 OF KANJAR POLICE STATION.
EXHIBIT P2 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM.
RESPONDENTS' EXHIBITS:
NIL
3 issues framed by the court
Whether the petitioner has any right to secure trust in higher-ranking officials of police to ensure non-perfunctory investigation
Whether the court should mandatorily authorize change of investigating officer from Sub Inspector
Whether the District Police Chief should supervise investigation of CONSPIRACY AND INTIMIDATION charges by Lower rank officer per exigency
1 provisions across 1 enactments
Sunil Sebastian
State of Kerala
Director General of Police
District Police Chief, Idukki
Circle Inspector of Police, Kanjar
Sub Inspector of Police, Kanjar
Raja Vijayaraghavan V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
