Disposed

Sreedevi v. Principal Secretary

Kerala HC13 Dec 2022OP(Crl.)/170/2022

Case brief

AI extract

What is this about?

The High Court disposed of a petition seeking further investigation after trial commenced. Citing a Supreme Court decision, the court declined further investigation but allowed the prosecution to file an additional witness list for the lower court to permit examining witnesses.

What did the court decide?

Petition dismissed; prosecution allowed to file additional witness list for court consideration.

Sreedevi Vs Principal Secretary — Criminal Trial and Appeal | Kerala HC (2022)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH

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TUESDAY, THE 13^TH DAY OF DECEMBER 2022/ 22ND AGRAHAYANA, 1944

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OP(CRL.) NO. 170 OF 2022

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AGAINST THE ORDER/JUDGMENT IN CC 349/2017 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II,NEYYATTINKARA

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PETITIONER/DEFACTO COMPLAINANT:

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SREEDEVI AGED 37 YEARS DAUGHTER OF SHOBHANA, KALLUKUTHIYA VEEDU, VENNIYOOR, NELLIVILA, VENGANOOR VILLAGE, THIRUVANANTHAPURAM, PIN - 695523 BY ADVS. R.T.PRADEEP M.BINDUDAS K.C.HARISH

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RESPONDENTS:

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1 PRINCIPAL SECRETARY STATE OF KERALA, DEPARTMENT OF HOME, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 STATE POLICE CHIEF POLICE HEADQUARTERS, VAZHUTHACAUD P.O., THIRUVANANTHAPURAM, PIN - 695014 3 DISTRICT POLICE CHIEF DISTRICT CRIME BRANCH, EANCHAKKAL P O., THIRUVANANTHAPURAM, PIN - 695008 4 C.B.C.I.D. REPRESENTED BY ITS SUPERINTENDENT, OFFICE OF SUPERINTENDENT OF CBCID, PAZHAVANGADI, THIRUVANANTHAPURAM, PIN - 695024 5 STATION HOUSE OFFICER VIZHINJAM POLICE STATION, VIZHINJAM P O, THIRUVANANTHAPURAM, PIN - 695521

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O.P.(Crl.) No. 170 of 2022

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..2..

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6 SHOBHANA DAUGHTER OF BHASKARAN NADAR, KALLUMUTHIYA VILA VEEDU, VENNIYOOR, VENGANOOR VILLAGE, THIRUVANANTHAPURAM, PIN - 695523 7 ANEESH SON OF SHOBHANA, KALLUMUTHIYA VILA VEEDU, VENNIYOOR, VENGANOOR VILLAGE, THIRUVANANTHAPURAM, PIN - 695523 8 UNNI SON OF SHOBHANA, KALLUMUTHIYA VILA VEEDU, VENNIYOOR, VENGANOOR VILLAGE, THIRUVANANTHAPURAM, PIN - 695523 BY ADV GOPAN R SRI C N PRABHAKARAN -SR PP

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THIS OP (CRIMINAL) HAVING BEEN FINALLY HEARD ON 13.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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O.P.(Crl.) No. 170 of 2022

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..3..

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J U D G M E N T

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Dated this the 13^th day of December, 2022

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The victim/defacto complainant has approached this court seeking further investigation.

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I have heard Sri.R.T.Pradeep, the learned counsel for the petitioner and Sri.R.Gopan, the learned counsel for the respondent as well as Sri.C.N.Prabhakaran, the learned Senior Public Prosecutor.

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The petition filed by the victim before the learned Magistrate seeking further investigation was dismissed holding that no further investigation can be ordered after the commencement of the trial relying on the decision of the Apex Court in Vinubhai Haribhai Malaviya and others Vs. State of Gujarat and another [2019(5)KHC 352].

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Since the trial has already been commenced and few witnesses were examined, I am not inclined to allow the prayer sought for in this O.P.(Crl.).

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The learned counsel for the petitioner submitted that the material witnesses who actually witnessed the

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O.P.(Crl.) No. 170 of 2022

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incident were not cited by the prosecution. The learned prosecutor submits that there may be a direction to the learned Magistrate to permit the prosecution to examine the witnesses who actually witnessed the incident, if a witness list to that effect is filed.

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If the prosecutor files any additional witness list to examine any witness to prove the prosecution case, the same shall be allowed by the court below.

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With the above observation, the O.P.(Crl.) is disposed of.

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Sd/-

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DR. KAUSER EDAPPAGATH JUDGE

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APA

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O.P.(Crl.) No. 170 of 2022

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..5..

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APPENDIX OF OP(CRL.) 170/2022

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PETITIONER'S EXHIBITS

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Exhibit P1 TRUE COPY OF F.I.R. DATED 17.8.2012 IN CRIME NO.977/2012 OF VIZHINJAM POLICE STATION Exhibit P2 TRUE COPY OF FINAL REPORT DATED 23.11.2012 IN C.C. NO.349/2017 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-II, NEYYATTINKARA Exhibit P3 TRUE COPY OF C.M.P. NO.468/2022 IN C.C. NO.349/2017 BEFORE THE COURT OF JUDICIAL MAGISTRATE OF FIRST CLASS, TEMPORARY COURT, NEYYATTINKARA DATED 28.3.2022 Exhibit P4 TRUE COPY OF ORDER DATED 1.4.2022 IN C.M.P. NO.468/2022 IN C.C. NO.349/2017 BY THE COURT OF JUDICIAL MAGISTRATE OF FIRST CLASS, TEMPORARY COURT, NEYYATTINKARA

Sreedevi v. Principal Secretary

Case brief

What is this about?

What did the court decide?

Sreedevi v. Principal Secretary

Case brief

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What did the court decide?

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