Petitioner sought a writ for further investigation in a criminal case. The Court did not grant the relief directly but directed the petitioner to move the Magistrate Court first and dispose of the writ petition accordingly.
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
TUESDAY, THE 10TH DAY OF NOVEMBER 2020 / 19TH KARTHIKA, 1942
WP(C).No.5815 OF 2019(B)
PETITIONER/S:
SIMI AGED 30 YEARS W/O.JOEMON, ANANYA BHAVAN, T.C.NO.20/2685, CRA-216, PATHIRAPPALY WARD, KUDAPPANAKUNNU VILLAGE, THIRUVANANTHAPURAM DIST.
BY ADVS. SRI.V.SETHUNATH SRI.V.R.MANORANJAN (MUVATTUPUZHA)
RESPONDENT/S:
1 THE INSPECTOR OF POLICE PEROORKADA POLICE STATION, THIRUVANANTHAPURAM DISTRICT, PIN- 695 005.
2 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682 031.
THE ABOVE PERSONS ARE IMPLEADED AS ADDL R3 AND R4 AS PER ORDER DATED 27-06-2019 IN IA 1/2019.
R1-2 BY SRI.SUMAN CHAKRAVARTHY, SENIOR GOVT.PLEADER
OTHER PRESENT:
SR PP SRI SAIGI JACOB PALATTY
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10.11.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.5815 OF 2019(B)
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ALEXANDER THOMAS, J.
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W.P.(C.) No.5815 of 2019
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Dated this the 10th day of November, 2020
JUDGMENT
The prayers in the aforecaptioned W.P.(C.) are as follows:
1. “Call for records relating to Ext.P6 final report
2.Issue a writ of mandamus or appropriate writ, order or direction to the 1st respondent to conduct a further investigation in Crime No.1196/2014 of Peroorkada Police Station.
3.Grant such other relief as this Hon'ble Court deems fit and proper to grant in the facts and circumstances of the case.”
WP(C).No.5815 OF 2019(B)
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Sec.173(2) is filed is empowered to in law to direct a further investigation and require if the Police to submit a further or supplementary report and that an earlier three Judge Bench of the Apex Court in Bhagwant Singh v.Commissioner of Police and anr. [(1985) 2 SCC 537] has in no uncertain terms stated that principle. Further that, in para No.36 of Vinubhai Haribhai Malaviya’s case (supra) [AIR 2019 SC 5233],p.5256-5257, the Apex Court has noted that despite various judgments of the Apex Court, some discordant notes were sound in three recent judgments including the one in Amrutbhai Shambubhai Patel v.Sumanbhai Kantibai Patel [(2017) 4 SCC 177] = [AIR 2017 SC 774], para Nos. 47, 48, 49 and that the said view has been rendered, without adverting to the definition of “investigation under Sec.2(h) of the Cr.P.C.” and cannot therefore be relied upon as laid down the law on these aspects correctly and that in the light of the abovesaid dictum settled by the Apex Court in a three Judge Bench decision in Vinubhai Haribhai Malaviya’s case (supra) [AIR 2019 SC 5233], the petitioner has been advised to move a proper application before the learned Magistrate seeking for further investigation in the case so as to remedy the alleged faults pointed out by the petitioner etc. and that this Court may direct the trial court to examine the said plea and render necessary orders thereon etc.
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final report, the said court has not framed charges in this case so far.
With these observations and directions, the Writ Petition (Civil) will stand finally disposed of.
Sd/ALEXANDER THOMAS JUDGE
SKS
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APPENDIX
PETITIONER'S/S EXHIBITS:
| EXHIBIT P1 | TRUE COPY OF THE FIR & FIS IN CRIME NO.1196/2014 OF PEROORKADA POLICE STATION. |
|---|---|
| EXHIBIT P2 | THE TRUE COPIES OF THE PHOTOS OF THE KENNEL. |
| EXHIBIT P3 | THE TRUE COPY OF THE MAHAZAR IN CRIME NO.1196/2014 OF PEROORKADA POLICE STATION. |
| EXHIBIT P4 | THE TRUE COPY OF THE ORDER OF THE KERALA STATE COMMISSION FOR PROTECTION OF CHILD RIGHTS DATED 26/12/2014. |
| EXHIBIT P5 | THE TRUE COPY OF THE ORDER OF THIS COURT IN CR.M.C.NO.1226 OF 2015. |
| EXHIBIT P6 | THE TRUE COPY OF THE FINAL REPORT IN C.C.NO.3172/2017 ON THE FILE OF THE J.F.M.C.NO.XI, THIRUVANANTHAPURAM. |
| EXHIBIT P7 | TRUE COPY OF THE REPORT OF THE FSL THIRUVANANTHAPURAM. |
| EXHIBIT P8 | TRUE COPY OF THE ARTICLE PUBLISHED BY THE 1ST ACCUSED IN 'KERALA SAHBDAM' WEEKLY ON 13/12/2015. |
| EXHIBIT P9 | THE TRUE COPY OF THE F.I.R. IN CRIME NO.439/2006 OF PEROORKADA POLICE STATION. |
2 issues framed by the court
Whether the High Court should direct a further investigation in Crime No.1196/2014 or remit the matter to the Magistrate to examine the plea for further investigation.
Whether the petitioner must seek directions from the Magistrate Court for a further investigation despite objections raised by respondents.
Colour shows how this judgement treated each authority
Vinubhai Haribhai Malaviya and Ors. v. State of Gujarat and anr.Distinguished¶33
Vinubhai Haribhai Malaviya and Ors. v. State of Gujarat and anr. [AIR 2019 SC 5233] · Who else cites this
Bhagwant Singh v. Commissioner of Police and anr.Distinguished¶33
Bhagwant Singh v. Commissioner of Police and anr. [(1985) 2 SCC 537] · Who else cites this
Amrutbhai Shambubhai Patel v. Sumanbhai Kantibai PatelDistinguished¶33
Amrutbhai Shambubhai Patel v. Sumanbhai Kantibai Patel [(2017) 4 SCC 177] · Who else cites this
Sec.173(2) Cr.P.C.Referred¶33
SIMI
The Inspector of Police, Peroorkada
State of Kerala
State Police Chief
Commissioner of Police
ALEXANDER THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
