Dismissed

Joseph .S.Kurian v. State of Kerala

Kerala HC2 Mar 2021WP(C)/4231/2021

Case brief

AI extract

What is this about?

In this writ petition under Article 226, the High Court dismissed the request for directing proper investigation into an accident causing crime. The Court held that factual disputes on fault must be resolved by the jurisdictional Magistrate Court, not in a writ. The petition was disposed without adjudicating the merits of the investigation.

What did the court decide?

Writ petition disposed of; petitioner directed to approach jurisdictional Magistrate Court for application for proper investigation.

Joseph .S.Kurian Vs State of Kerala — Constitutional and Fundamental Rights | Kerala HC (2021)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE V.G.ARUN

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TUESDAY, THE 02ND DAY OF MARCH 2021 / 11TH PHALGUNA, 1942

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WP(C).No.4231 OF 2021(D)

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PETITIONER/S:

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JOSEPH .S.KURIAN AGED 21 YEARS S/O SANTHOSH KURIAN, PARADIZE, KAIRALI NAGAR, KILIKOLLOOR P.O.KOLLAM-691 004. BY ADVS. SRI.K.SIJU SRI.S.ABHILASH SMT.S.REKHA KUMARI SMT.S.SEETHA SMT.ANJANA KANNATH

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RESPONDENT/S:

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1 STATE OF KERALA REPRESENTED BY SECRETARY TO THE DEPARTMENT OF HOME, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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2 STATE POLICE CHIEF, POLICE HEAD QUARTERS, VAZHUTHAKKAD, THIRUVANANTHAPURAM-695 014.

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3 CITY POLICE COMMISSIONER, KOLLAM CITY, KOLLAM DISTRICT, PIN-691 001.

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4 ASSISTANT COMMISSIONER OF POLICE (TRAFFIC), KOLLAM CITY, KOLLAM DISTRICT, PIN-691 001.

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5 SUB INSPECTOR OF POLICE, ANCHALUMMOODU POLICE STATION, KOLLAM DISTRICT, PIN691 601.

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6 BEN SAM, S/O SAM DEVAPRAKASH, ALATHARA, SREEKARIYAM P.O.CHERUVAKKAL, THIRUVANANTHAPURAM, PIN-695 017. R1-5 BY GOVERNMENT PLEADER

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OTHER PRESENT:

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SR.PP.C.S.HRITHWIK

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.4231 OF 2021(D)

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O R D E R

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Dated this the 2^nd day of March, 2021

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The writ petition is filed seeking proper and effective investigation into Crime No. 2029 of 2020 of Anchalumoodu Police Station. The crime is registered based on an accident involving the petitioner's son. The petitioner alleges that, although the accident had occurred due to the rash and negligent riding of Motor Cycle by the 6^th respondent, the petitioner's son has been arrayed as accused by the Police.

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A statement has been filed by the Investigating Officer pointing out that, proper and effective investigation is being conducted and that, going by the statements of the eye witnesses and the CCTV visuals of the incident, the accident had occurred due to the rash and negligent riding of motor cycle by the petitioner's son. The factual dispute as to how the accident occurred and who was at fault, cannot be resolved in a writ petition filed under Article 226 of the Constitution of India. The remedy of the petitioner is to approach the jurisdictional

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WP(C).No.4231 OF 2021(D)

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Magistrate Court with a request for proper/ further investigation. The jurisdictional Court being posted with all the facts and the documents can consider the request and take an appropriate decision.

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The writ petition is hence disposed, leaving it open for the petitioner to approach the jurisdictional Magistrate Court with an application for proper investigation, if so advised.

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Sd/V.G ARUN JUDGE

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WP(C).No.4231 OF 2021(D)

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF DISCHARGE SUMMARY DATED 19.12.2020 ISSUED FOR SP FORT HOSPITAL, THIRUVANANTHAPURAM

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EXHIBIT P2 TRUE COPY OF FIR IN CRIME NO 2029/2020 OF ANCHALUMMOODU POLICE STATION DATED 10.12.2020

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EXHIBIT P3 THE TRUE COPY OF COMPLAINT FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 16.1.2021

Joseph .S.Kurian v. State of Kerala

Case brief

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Joseph .S.Kurian v. State of Kerala

Case brief

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