Disposed

Shaji Thomas v. State of Kerala

Kerala HC15 Sept 2022WP(C)/7595/2021

Case brief

AI extract

What is this about?

In a writ petition, the High Court directed the District Police Chief to constitute a special investigation team headed by an officer not below DSP rank to effectively and expeditiously complete the investigation into a fire crime, citing significant delays and procedural lapses.

What did the court decide?

Directed the 3rd respondent to constitute a special team headed by an officer not below DSP rank to effectively complete the investigation within a reasonable time.

Shaji Thomas Vs State of Kerala — Constitutional and Fundamental Rights | 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 MR.JUSTICE ZIYAD RAHMAN A.A. THURSDAY, THE 15^TH DAY OF SEPTEMBER 2022 / 24TH BHADRA,

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1944

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WP(C) NO. 7595 OF 2021

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PETITIONER/S:

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SHAJI THOMAS AGED 51 YEARS S/O.THOMAS POOVAKKULATH, BUSINESS, RESIDING AT 'POOVAKKULATH', AMBAYATHODU P.O., NELLIYODI, IITTY TALUK, KANNUR DISTRICT PIN 670 651.

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BY ADVS. R.SURENDRAN KUM.S.MAYUKHA

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RESPONDENT/S:

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

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2 DIRECTOR GENERAL OF POLICE

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KERALA, THIRUVANANTHAPURAM 695 001.

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3 DISTRICT POLICE CHIEF KANNUR, KANNUR DISTRICT PIN 670 002

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4 CIRCLE INSPECTOR OF POLICE KELAKOM, KANNUR DISTRICT, PIN 670 674

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5 SUB INSPECTOR OF POLICE KELAKOM POLICE STATION, KELAKOM, KANNUR DISTRICT, PIN 670 674

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BY ADV GOVERNMENT PLEADER

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adv m p prashanth-sr pp

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.09.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(c) No. 7595 of 2021

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JUDGMENT

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The petitioner is the defacto complainant in Crime No.361/2019 registered by Kelakom Police. The subject matter of the aforesaid crime is that, on 26.11.2019, at about 1.45 a.m, four shop rooms, including the shop room of the petitioner, caught fire. Immediately, the Fire Force reached the spot, and they could extinguish the fire after 3 hours of work, but by that time, the shops and the articles kept therein were completely destroyed. Initially, Ext.P3 FIR was registered by Kelakom Police in respect of the same, wherein, the cause of the fire is mentioned as a short circuit. The petitioner approached this Court by filing this writ petition in the year 2021, as there was no progress in conducting an investigation. The prayers sought by the petitioner are as follows:

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“Therefore, the honourable High Court of Kerala may be pleased to issue notice to the respondents and after hearing there may be writ or other order in the nature of

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a) Mandamus directing the respondents No.1 and 2 to constitute a special investigation team with expertise to investigate the crime in FIR No.361/2019 of Kelakom police station and to complete the investigation within a reasonable time, and

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W.P.(c) No. 7595 of 2021

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b) Any other relief that the honourable court may deem appropriate to meet the ends of justice.”

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Heard Sri.R.Surendran, the learned counsel appearing

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for the petitioner and Sri.M.P.Prashanth, the learned Senior Government Pleader appearing for the State.

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In response to the averments contained in the writ petition, a statement was submitted on behalf of the respondents. In the said statement, it is mentioned explicitly that during the course of the investigation, they could procure CCTV footage from another shop. From the said CCTV footage, it could be seen that, between 1.46 a.m to 1.52 a.m on 26.11.2019, one person crossed the road by walking and moved towards the backside of the shops in question and immediately after that, the fire was noticed. However, it was pointed out that the police so far could not identify the aforesaid person. It is further mentioned in the statement that an investigation is in progress, and statements of several witnesses were already recorded, but so far, no materials identifying the culprit could be collected. As regards the cause of the fire as recorded in the FIR, namely, the electrical short circuit, it is pointed out that, based on the report submitted in this regard

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W.P.(c) No. 7595 of 2021

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by the Electrical Inspectorate, the same was ruled out. It is further pointed out that the nightwatchman on duty in Kottiyoor Cooperative Bank, situated in front of the shop rooms, was questioned in connection with the said incident. According to him, his duty time was 6 p.m to 6 a.m, but on that day, he left the Bank at 2 a.m due to illness. It is further pointed out in the statement that the investigation is continuing.

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On the other hand, the learned counsel appearing for the petitioner specifically pointed out that the investigation was not proceeding in a proper manner. The learned counsel brought my notice to certain discrepancies in the sequence of events as stated in the statement submitted on behalf of the respondents. It is pointed out that, as per the statement of the nightwatchman, he left the Bank at 2 a.m, whereas the fire incident as per the CCTV footage collected would reveal that the incident occurred between 1.46 a.m and 1.52 a.m. Therefore, it is evident that the fire incident occurred while the nightwatchman was on duty at the relevant time. The aforesaid aspect is not seen properly investigated by the Police as nothing is mentioned about the same in the said statement. Moreover, as rightly pointed out by the

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W.P.(c) No. 7595 of 2021

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learned counsel for the petitioner, whether any alternate

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arrangements were made for the security of the Bank is also not seen investigated. Moreover, even though the presence of one person is revealed from the CCTV footage collected by the investigation team, the identity of the said person could not be revealed in the investigation conducted so far. The crime was registered in 2019, and even after the expiry of about three years,

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no fruitful purposes are served as far as the investigation is concerned. Therefore, it is only proper that the investigation be conducted more effectively by forming a special team for the said purpose headed by the Deputy Superintendent of Police.

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In such circumstances, this writ petition is disposed of, directing the 3^rd respondent to constitute a special team for an investigation headed by an officer not below the rank of the Deputy Superintendent of Police to continue the investigation effectively and complete the same as expeditiously as possible.

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This writ is disposed of as above.

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Sd/-

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ZIYAD RAHMAN A.A JUDGE

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rpk

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W.P.(c) No. 7595 of 2021

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APPENDIX OF WP(C) 7595/2021

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PETITIONER EXHIBITS

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EXHIBIT P1	TRUE COPY 18.6.2019 GRAMA PANC PETITIONER	OF THE ISSUED HAYAT .	TRADE LICENCE DATED BY THE KOTTIYOOR IN THE NAME OF
EXHIBIT P2	TRUE COPY FIRE FORCE NO.187/19	OF THE DATED	REPORT OF THE KERALA 26.11.2019 BEARING
EXHIBIT P3	TRUE COPY BEARING NU POLICE STA	OF THE MBER 3 TION.	FIR DATED 26.11.2019 61/2019 OF KELAKOM
EXHIBIT P4	TRUE COPY 3.12.2019 THE THIRD	OF THE FILED RESPON	PETITION DATED BY THE PETITIONER TO DENT WITH THE RECEIPT.
EXHIBIT P5	TRUE COPY 14.1.2020 COMMITTEE SEEKING PR	OF THE SUBMIT TO THE OPER I	PETITION DATED TED BY THE ACTION SECOND RESPONDENT NVESTIGATION.
EXHIBIT P6	TRUE COPY 22.1.2020 BEFORE THE	OF THE SUBMIT THIRD	PETITION DATED TED BY THE PETITIONER RESPONDENT.

Shaji Thomas v. State of Kerala

Case brief

What is this about?

What did the court decide?

Shaji Thomas v. State of Kerala

Case brief

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What did the court decide?

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