The court condoned a delay of 13 days in filing an application seeking an extension of time for completing further investigation in a criminal case, and allowed the application granting two months additional time.
Delay of 13 days in filing the application is condoned; extension of time for two months granted for completion of investigation.
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CM.Appl/1/2021 IN WP(C) 7870/2020
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
Present:
THE HONOURABLE MR.JUSTICE V.G.ARUN
Friday,the 12th day of March 2021/21st Phalguna, 1942 CM.Appl/1/2021 IN WP(C)/7870/2020(G)
APPLICANTS/RESPONDENTS 1 TO 4 For information purpose only
1.THE STATE OF KERALA,REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM DISTRICT 695 001.
2.DIRECTOR GENERAL OF POLICE,POLICE HEAD QUARTERS,
THIRUVANANTHAPURAM DISTRICT, 695 010.
3.DISTRICT POLICE CHIEF,CITY POLICE OFFICE, KOLLAM DISTRICT, 691 001.
4.DEPUTY SUPERINTENDENT OF POLICE,DISTRICT CRIME BRANCH, C BRANCH, KOLLAM CITY 691 001.
RESPONDENT/PETITIONER
ANANTHU SAJEEV,AGED 24 YEARS,S/O. SAJEEV, KRISHNA KRIPA HOUSE, KURUMANDAL -B, PARAVOOR P.O. KOLLAM 691 301.
€€€Application praying that in the circumstances stated in the a•davit ‚led therewith the High Court be pleased to condone the delay of 13 days in ‚ling the petition for extension of time.
€€€This application coming on for orders upon perusing the application and the a•davit ‚led in support thereof, and this court's judgment €dated €10-11-2020 and upon hearing the arguments of €GOVERNEMNT PLEADER for the petitioner in IA/R1 to R4 in WP(C) and of M/S RINU. S. ASWAN, M.ARDRA KRISHNAN, M.S.UNNIKRISHNAN, Advocates for R1 in IA/Petitioner in WP(C) , the court passed the following
V.G.ARUN, J.
................................................................... W. P(C) No. 7870 of 2020
..................................................................... Dated this the 12th day of March, 2021
O R D E R
C.M,.Appl.No.1 of 2021 For information purpose only
This is an application seeking to condone the delay of 13 days in filing the petition for extension of time. I am satisfied with the reasons stated and accordingly the delay is condoned.
I.A No.2 of 2021
This is an application seeking extension of the time limit prescribed in the judgment dated 10.11.2020, by which it was directed to complete the further investigation in Cr. No. 763 of 2016 of Paravoor Police Station was directed to be completed within an outer time limit of one month from the date of receipt of a copy of the judgment. As per the averments in the interim petition, during further investigation it was felt that for arriving at an opinion from an expert team is inevitable, for arriving at a definite and scientific conclusion. Hence, a letter was forwarded to the Director Forensic Medicine MCH Thiruvananthapuram to make available the assistance of an expert team to visit the place of occurrence and scientifically evaluate the accident. Accordingly, the team of experts visited the place of occurrence on 5.1.2021, re-created the accident and scientifically evaluated and assessed the accident. The team is yet to submit its opinion. It is informed that communications
W. P(C) No. 7870 of 2020
2
have been sent, expressing the urgency. The investigating officer has hence sought two months further time for completing the investigation. I heard the learned counsel appearing for the writ petitioner also, who raised strong objection against grant of further time. For information purpose only Having heard the learned Public Prosecutor and the learned counsel for the writ petitioner, I am inclined to extend the time. In the result, the I.A is allowed by extending the time limit for completion of investigation by a further period of two months from 4.3.2021.
Sd/-
V.G.ARUN
JUDGE
SJ
Sd/- ASSISTANT REGISTRAR
/true copy/
2 issues framed by the court
Whether the delay in filing the application for extension of time for investigation should be condoned?
Whether the extension of time limit for completion of investigation should be granted?
2 provisions across 2 enactments
The State of Kerala, represented by the Secretary To The Government, Home Department
Director General Of Police, Police Head Quarters
District Police Chief, City Police Office, Kollam District
Deputy Superintendent Of Police, District Crime Branch, C Branch, Kollam City
Ananthu Sajeiv
V.G. Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
