Disposed

K. Vidyadharan, v. State Police Chief

Kerala HC14 Dec 2022WP(C)/15298/2021

Case brief

AI extract

What is this about?

The Court disposed of a writ petition seeking direction to produce a case diary, submit an FSL report, and file a final police report. It recorded that investigation is pending sanction under Section 197 Cr.P.C. and clarified that the petitioner can approach the jurisdictional court to release a seized sale deed now that the FSL report is received.

What did the court decide?

The petition was disposed of; petitioner directed to approach the jurisdictional court for release of seized sale deed.

K. Vidyadharan, Vs State Police Chief — Corruption | Kerala HC (2022)

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W.P.C.No.15298/21

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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 ZIYAD RAHMAN A.A.

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WEDNESDAY, THE 14^TH DAY OF DECEMBER 2022 / 23RD AGRAHAYANA,

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1944

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WP(C) NO. 15298 OF 2021

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PETITIONER:

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K.VIDYADHARAN, AGED 75 YEARS, S/O.KOCHURAMAN, DIVYARAMAM, KADAVATTARAM, NEYYATTINKARA P.O., NEYYATTINKARA, THIRUVANANTHAPURAM DISTRICT-695 121.

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BY ADVS. ARUN CHAND VINAYAK G MENON BHARAT VIJAY P. ANANDU R. MAJID MUHAMMED K. THAREEQ ANVER K. K.SALMA JENNATH

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RESPONDENTS:

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1 STATE POLICE CHIEF, POLICE HEAD QUARTERS VELLAYAMBALAM, SASTHAMANGALAM P.O., THIRUVANANTHAPURAM DISTRICT695 010.

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2 ADDITIONAL DIRECTOR GENERAL OF POLICE (CRIMES), CRIME BRANCH HEAD QUARTERS, VELLAYAMBALAM, SASTHAMANGALAM P.O.,

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W.P.C.No.15298/21

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THIRUVANANTHAPURAM DISTRICT-695 010, KERALA.

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3 THE DEPUTY SUPERINTENDENT OF POLICE, CRIME RBANCH OFFICE, EANCHAKKAL, THIRUVANANTHAPURAM DISTRICT-695 008, KERALA.

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4 THE DIRECTOR OF FORENSIC SCIENCE, STATE FORENSIC SCIENCE LABORATORY, THIRUVANANTHAPURAM DISTRICT-695 003.

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5 N.KARTHIKEYAN,

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AGED 51 YEARS, S/O.U. NATARAJAN, RESIDING AT T.C.30/174, ARCHANA, KUDAVOOR, ANAYARA P.O., THIRUVANANTHAPURAM DISTRICT-695 029, KERALA.

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6 O.THAJUDHEEN,

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AGED 53 YEARFS, S/O.ABDUL KAREEM, TDA LICENSE NO. 535, MINNILATHU HOUSE, ANAD NEDUMANGAD, THIRUVANANTHAPURAM DISTRICT-695 544, KERALA.

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7 B.VIJAYACHANDRAN,

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AGED 40 YEARS, S/O.BHUVANACHANDRAN, TSA LICENSE NO. 999, AJAYA VILASOM, KURUPPUZHA, NEDUMANGAD, THIRUVANANTHAPURAM DISTRICT-695 544, KERALA.

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8 SREEKANTH P.S., AGED 39 S/O. PURUSHOTAMAN NAIR, TSA LICENSE NO.1905, PARAMESWAR SADANAM, MADANPARA, PANAVOOR P.O., THIRUVANANTHAPURAM, KERALA-695 568.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.P.C.No.15298/21

J U D G M E N T

The petitioner is the de facto complainant in Crime No.163 of 2018 of Nedumangadu Police Station, which is re-numbered as Cr.122/CR/OCW-I/TVPM/18. The relief sought for by the petitioner are as follows:

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“(i) To issue a writ of mandamus or any appropriate writ or direction, to the 2^nd respondent to produce the Case Diary in Crime No.163/2018 of Nedumangad Police Station, now being investigated by the 3^rd respondent as per the direction in Exhibit P12 judgment of this Hon’ble Court;

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(ii) To issue a writ of mandamus or direction to the third respondent to submit the final report without delay pertaining to Crime No.163/2018 of Nedumangad Police Station after the submission of the expert verification report from the office of the 4^th respondent or his subordinate officers;

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(iii) To issue a writ of mandamus or any appropriate Writ or direction to the 2^nd respondent to file the final report in Crime No.163/2018 of Nedumangad Police Station pursuant to the direction of this Hon’ble Court in Exhibit P12 judgment or within a specified time as stipulated by this Hon’ble Court.

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W.P.C.No.15298/21

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(iv) Grant such other relief as this Hon’ble Court may deem fit on the facts and in the circumstances of the case.”

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It is pointed out that, earlier, the petitioner approached this Court by filing W.P.C.No.10218 of 2018 for a direction that the investigation be transferred to the CBCID, which was allowed as per Ext.P9. Subsequently, he filed W.P.C.No.9370 of 2019, seeking direction to the 2^nd respondent to monitor the investigation of the crime. The said writ petition was disposed of with the following directions:

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“6. In view of the above, the 2nd respondent shall peruse the case diary and also the statement filed by the investigating officer dated 28.5.2019 and shall formulate the manner in which the investigation should proceed further. He shall immediately, at any rate, within a period of 15 days from the date of production of a copy of this order, hand over the investigation to an upright officer, with good investigate prowess, not below the rank of Dy.S.P. to investigate the subject crime. The said officer shall meticulously conduct the investigation under the supervision of the 2^nd

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W.P.C.No.15298/21

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respondent and submit appropriate report without delay.”

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The grievance of the petitioner is that, the same is not

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yet complied with. In response to the averments contained in

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the writ petition, the learned Government Pleader pointed out that, based on the directions issued by this Court, the investigation has been completed and now they are awaiting sanction under Section 197 Cr.P.C. to prosecute the accused persons.

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The learned counsel for the petitioner further points out that, as part of the investigation, the original sale deed No.1723/2017 of Nedumangad Sub Registrar Office has been seized by the Police. Even though the petitioner approached the Judicial First Class Magistrate Court-II, Nedumangad, seeking the release of the same, it was rejected as per Ext.P13 on the reason that the said document is to be sent for examination by FSL. Today, the learned Government Pleader, upon instruction submitted that the examination of the said document is already over, and the report in this regard is received from the FSL. In

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W.P.C.No.15298/21

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such circumstances, it is clarified that it shall be open for the petitioner to approach the jurisdictional court again, seeking the release of the said document.

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Accordingly, this writ petition is disposed of by recording the above submissions of the learned Government Pleader and with

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above observation.

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Sd/-

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ZIYAD RAHMAN A.A.

JUDGE

DG/16.12.22

W.P.C.No.15298/21

APPENDIX OF WP(C) 15298/2021

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PETITIONER EXHIBITS

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Exhibit P1	A PHOTOCOPY OF THE ACTUAL SALE DEED NO.1723/2017 OF NEDUMANGAD SRO ORIGINALLY PENNED BY THE SEVENTH RESPONDENT.
Exhibit P2	A PHOTOCOPY OF THE SALE DEED NO. 1723/2017 PROCURED FROM SRO, NEDUMANGAD ON 10/07/2017.
Exhibit P3	A PHOTOCOPY OF THE GAZETTE NOTIFICATION DATED 23/06/2015.
Exhibit P4	A TRUE COPY OF THE LETTER VIDE NO. I2- 4014/17 DATED 17/11/2017 ISSUED BY THE DISTRICT REGISTRAR TO THE PETITIONER.
Exhibit P5	A PHOTOCOPY OF THE ORDER DATED 07/11/2017 OF THE ENQUIRY COMMISSIONER AND SPECIAL JUDGE (VIGILANCE), THIRUVANANTHAPURAM.
Exhibit P6	A PHOTOCOPY OF THE RELEVANT EXTRACTS OF THE PRELIMINARY ENQUIRY REPORT DATED 03/05/2018 OF THE VIGILANCE AND ANTI- CORRUPTION BUREAU SUBMITTED BEFORE THE ENQUIRY COMMISSIONER AND SPECIAL JUDGE (VIGILANCE), THIRUVANANTHAPURAM.
Exhibit P7	A PHOTOCOPY OF THE SUSPENSION ORDER DATED 10/04/2018 ISSUED BY THE SECOND RESPONDENT.
Exhibit P8	A PHOTOCOPY OF THE FIR IN CRIME NO.163/2018 DATED 23/01/2018 OF

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W.P.C.No.15298/21

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NEDUMANGAD POLICE STATION.

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Exhibit P9	`THE JUDGMENT DATED 12/04/2018 RENDERED BY THIS HON'BLE COURT IN WPC NO.10218/2018.
Exhibit P10	A PHOTOCOPY OF THE ORDER DATED 24/05/2018 PASSED BY THIS HON'BLE COURT IN CRL. MC NO.2767/2018.
Exhibit P11	THE TRUE COPY OF THE STATEMENT FILED BY THE THEN DY.SP CRIME RBANCH CU-1, THIRUVANANTHAPURAM IN WPC NO.9370/2019.
Exhibit P12	THE TRUE COPY OF THE JUDGMENT DATED 02/07/2019 IN WPC NO. 9370/2019 OF THIS HON'BLE COURT.Q
Exhibit P13	THE TRUE COPY OF THEORDER DATED 06/02/2020 IN CMP NO.9554/2019 IN CRIME NO.163/2018 OF NEDUMANGAD POLICE STATION PASSED BY THE JUDICIAL FIRST CLASS MAGISTRTE COURT-II, NEDUMANGAD.
Exhibit P14	THE TRUE COPY OF THE DEATH CERTIFICATE DATED 15/09/2020 VIDE REGISTRATION NO.9562/2020 ISSUED TO THE PETITIONER BY THE REGISTRAR OF BIRTHS AND DEATHS, THIRUVANANTHAPURAM CORPORATION.

K. Vidyadharan, v. State Police Chief

Case brief

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K. Vidyadharan, v. State Police Chief

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