Quashed

Vini Joseph v. the State of Kerala

Kerala HC1 Mar 2021WP(C)/1406/2021

Case brief

AI extract

What is this about?

The petitioner challenged an FIR and final report in a vehicular accident case alleging the wrong vehicle number was recorded. The High Court dismissed the writ petition, remitting the grievance to the jurisdictional Magistrate Court for better investigation oversight.

What did the court decide?

Petitioner was relegated to the jurisdictional Magistrate Court with liberty to move an application seeking proper investigation.

Vini Joseph Vs the State of Kerala — Criminal Trial and Appeal | Kerala HC (2021)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶4

MONDAY, THE 01ST DAY OF MARCH 2021 / 10TH PHALGUNA, 1942 WP(C).No.1406 OF 2021(A)

¶5

PETITIONER/S:

¶6

VINI JOSEPH AGED 32 YEARS DAUGHTER OF SRI.JOSEPH, RAKULATH HOUSE, KOLENCHERRY - 682 311.

¶7

BY ADVS. SRI.ANIL S.RAJ SMT.K.N.RAJANI SRI.RADHIKA RAJASEKHARAN P. SMT.ANILA PETER

¶8

RESPONDENT/S:

¶9

1 THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI - 682 031.

¶10

2 THE STATION HOUSE OFFICER KUNNATHUNAD POLICE STATION, KUNNATHUNAD - 683 561.

¶11

3 THE DEPUTY SUPERINTENDENT OF POLICE PERUMBAVOOR, OFFICE OF THE DYSP, PERUMBAVOOR - 683 542.

¶12

R1-3 BY GOVERNMENT PLEADER

¶13

OTHER PRESENT:

¶14

PP T.R.RENJITH

¶15

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶16

WP(C).No.1406 OF 2021(A)

¶17

¶18

JUDGMENT

¶19

Dated this the 1^st day of March, 2021

¶20

The petitioner is the de facto complainant in Crime No. 717 of 2020 of Kunnathunad Police Station, registered for offences under Sections 279 and 338 of the Indian Penal Code. The crime was registered based on an accident that occurred on 23.11.2019, while the petitioner was riding pillion on her former husband's, Scooter, bearing Registration No. KL 40/F 6412. According to the petitioner, the accident occurred due to the rash and negligent manner in which her husband rode the Scooter.

¶21

2.The petitioner's grievance is that, though registration number of the scooter having was specifically stated to the Investigating Officer, in the final report, the number of the offending vehicle is shown as KL 40 /E 591 instead of KL 40/F 6412. The petitioner therefore seek further investigation in the crime.

¶22

3.The investigating Officer has stated that from the version of the eye witnesses, it was revealed that the registration number of the scooter is KL 40/ E 591. It is alleged that the registration number of a different vehicle was given, since the Scooter, KL 40 E 591, did not have valid insurance on the date of accident. The allegations are

¶23

WP(C).No.1406 OF 2021(A)

¶24

¶25

controverted by the learned counsel for the petitioner and attention was drawn to Paragraphs 5 and 6 of the statement filed on behalf of

¶26

the investigating officer, as to contend proof of the casual and perfunctory manner in which the investigation was conducted.

¶27

Having heard the learned counsel for the petitioner and the learned Public Prosecutor, I deem it appropriate to relegate the petitioner to the jurisdictional Magistrate Court, which, being posted into all necessary materials, is better equipped to consider her grievance.

¶28

In the result, the writ petition is disposed of, granting liberty to the petitioner to move the jurisdictional Magistrate Court with an application seeking proper/ further investigation in the crime. If such application is filed, the learned magistrate shall consider the averments raised therein, with reference to the case diary and the other materials available, and pass a reasoned order thereon, as expeditiously as possible.

Sd/-

V.G ARUN JUDGE

WP(C).No.1406 OF 2021(A)

¶33

¶34

APPENDIX

¶35

PETITIONER'S/S EXHIBITS:

¶36

EXHIBIT P1 TRUE COPY OF THE MEDICO LEGAL POLICE INTIMATION ISSUED BY THE MALANKARA ORTHODOX SYRIAN CHURCH MEDICAL COLLEGE HOSPITAL DATED 24/11/2019.

¶37

EXHIBIT P2 TRUE COPY OF THE DISCHARGE SUMMARY OF THE PETITIONER DATED 9/12/2019. EXHIBIT P3 TRUE COPY OF THE PETITION DATED 23/3/2020 FILED BY THE PETITIONER. EXHIBIT P4 TRUE COPY OF THE FIR NUMBER 717 OF 2020 OF THE KUNNATHUNAD POLICE STATION. EXHIBIT P5 TRUE COPY OF THE FINAL REPORT FILED BY THE 2ND RESPONDENT. EXHIBIT P6 TRUE COPY OF THE STATEMENT OF ONE M.P.THAMPI RECORDED BY THE 2ND RESPONDENT UNDER SECTION 161 OF THE CRPC AND OBTAINED BY THE PETITIONER BY FILLING APPLICATION UNDER THE RTI ACT.

Vini Joseph v. the State of Kerala

Case brief

What is this about?

What did the court decide?

Vini Joseph v. the State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Rahul Krishnan Vs State of Kerala

Harikrishnan M. Vs State of Kerala

Mohammed Roshan Vs State of Kerala

Vishnu K.B Vs State of Kerala

C.K.Vijayan Vs Commissioner of Police

Fidvi Fazal Vs State of Kerala