In a criminal miscellaneous petition filed by the second accused seeking further investigation by a superior police officer, the court found the grievance allayed as investigation had commenced by the Deputy Superintendent of Police.
Petition disposed of, petitioner's liberty reserved to move appropriate forum after submission of final report.
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 V.G.ARUN
FRIDAY, THE 11TH DAY OF DECEMBER 2020 / 20TH AGRAHAYANA, 1942
Crl.MC.No.4242 OF 2020(A)
CRIME NO.547/2020 OF Nooranadu Police Station , Alappuzha
PETITIONER/DE FACTO COMPLAINANT AND ACCUSE NO.2:
K.MURALIDHARAN AGED 47 YEARS S/O.K. KARUNAKARAN RESIDING AT GURUVAYOR BHAVANAM, EDAKKUNNAM P O, CHARUMMOODU, ALAPPUZHA,KERALA 690505.
BY ADVS. SRI.JOHNSON GOMEZ SMT.UTHARA A.S
RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682031,
RESIDING AT SREERANGATHE VEETIL, EDAYAKUNNAM MURI, NOORANAD VILLAGE, ALAPPUZHA - 690504,
OTHER PRESENT:
SR.PP.B.JAYASURYA
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11.12.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.4242 OF 2020(A) ..2..
ORDER
Dated this the 11th day of December 2020
The Criminal M.C.is filed by the second accused in Crime No.547/2020 of Nooranadu Police Station. The grievance of the petitioner is that, proper investigation is not being conducted into the crime, which would ultimately prejudice his rights. The petitioner therefore, sought for conduct of further investigation by a superior Police Officer.
Crl.MC.No.4242 OF 2020(A) ..3..
In such circumstances, the grievance highlighted
in this Criminal M.C. stands substantially allayed. The Criminal M.C.is hence disposed of, reserving the petitioner's liberty to move the appropriate forum after submission of the final report pursuant to the further
investigation, if so required.
SB/11/12/2020
Sd/V.G.ARUN JUDGE
Crl.MC.No.4242 OF 2020(A) ..4..
APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A1 FIR IN CRIME NO. 547 OF 2020 OF NOORANAD POLICE STATION, ALAPPUZHA DISTRICT DATED 18.05.2020.
ANNEXURE A2 FINAL REPORT IN CRIME NO.547/2020 OF NOORANAD POLICE STATION, ALAPPUZHA DISTRICT DATED 05.08.2020.
ANNEXURE A3 COMPLAINT DATED 04.08.2020 SUBMITTED BY THE PETITIONERS WIFE BEFORE THE PRIME MINISTER OF INDIA.
ANNEXURE A4 COMMUNICATION DATED 27.08.2020 ADDRESSED TO THE PETITIONERS WIFE FORM THE PRIME MINISTERS OFFICE.
ANNEXURE A5 COMPLAINT DATED 14.09.2020 BEFORE THE RESPONDENT NO.2
ANNEXURE A6 THE DISTRICT POLICE CHIEF HAS ACKNOWLEDGED THE COMPLAINT ACKNOWLEDGMENT NO.G3(A) 57252/20 DATED 16.09.2020.
//true copy// P.A to Judge
1 issue framed by the court
Whether further investigation is being conducted due to lack of investigation prejudice petitioner rights
K.MURALIDHARAN
STATE OF KERALA
DISTRICT POLICE CHIEF
JAYAKUMAR
P. SADANANDAN
SHAL S RAVI
V.G.ARUN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
