In a review petition, the High Court dismissed the plea for further interference in an investigation regarding the forwarding of documents for expert opinion, holding that frequent judicial intervention is not appropriate.
The review petition was dismissed; no directive was issued for forwarding documents to the Central Forensic Science Laboratory.
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 P.SOMARAJAN
MONDAY, THE 01ST DAY OF MARCH 2021 / 10TH PHALGUNA, 1942
RP.No.165 OF 2021 IN WP(C). 21691/2019
AGAINST THE ORDER/JUDGMENT IN WP(C) 21691/2019(J) OF HIGH COURT OF KERALA
REVIEW PETITIONER/PETITIONER IN THE WRIT PETITION:
K.P.LAWRANCE @ ROY AGED 58 YEARS S/O. K.J.PETER, KAPPITHANPARAMBIL HOUSE, H.NO.1/361, PRINCE STREET, FORTKOCHI-682 001, NOW RESIDING AT KAPPITHANPARAMBIL HOUSE, KONIKKARA, CHULLIKKAL, NEAR PUBLIC LIBRARY, KOCHI.
BY ADVS. SRI.T.ASAF ALI SRI.A.A JALEEL SMT.SULFIA.M.A.
RESPONDENTS/RESPONDENTS IN THE WRIT PETITION:
1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001.
2 THE STATE POLICE CHIEF POLICE HEAD QUARTERS, THIRUVANANTHAPURAM, PIN-695 001.
3 THE DISTRICT POLICE CHIEF KOCHI CITY, REVENUE TOWER, ERNAKULAM-682 032.
4 THE SUB-INSPECTOR OF POLICE/SHO FORT KOCHI POLICE STATION, FORT KOCHI, ERNAKULAM-682 001.
5 DYSP CBCID (EOW), OFFICE OF THE CBCID, JAWAHARLAL NEHRU STADIUM, KALOOR, PALARIVATTOM P.O., ERNAKULAM-682 025.
BY ADV..SRI.E.C.BINEESH, PUBLIC PROSECUTOR
THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 01.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
RP.No.165 OF 2021 IN WP(C). 21691/2019
2
ORDER
Earlier this Court, by judgment dated 28.01.2021, in W.P.(C).No.21691/2019, had
directed the Investigating Officer to send original document for expert opinion under Section 45 of the Evidence Act. Now the very same petitioner came up with a request to forward the same to the Central Forensic Science Laboratory, Hyderabad. It has to be decided by the concerned investigating agency .
It is not at all fit and proper to have frequent interference in the investigation connected with its progress. Hence the present review petition cannot be sustained.
Review Petition is dismissed.
Sd/-
P.SOMARAJAN
JUDGE
SPV
1 issue framed by the court
Whether frequent interference in the progress of investigation by the court is fit and proper.
K.P.LAWRANCE @ ROY
STATE OF KERALA
P.SOMARAJAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
