Disposed

Sultan Thomas Oommen v. the District Police Chief

Kerala HC22 Feb 2022WP(Crl.)/118/2022

Case brief

AI extract

What is this about?

In this writ petition, the petitioner sought transfer of investigation of a crime registered at Panniankara Police Station to the Crime Branch, which is handling a connected case. The court directed the first respondent to dispose of the pending representation within one month.

What did the court decide?

Directed the first respondent to dispose of the representation regarding investigation transfer within one month.

Sultan Thomas Oommen Vs the District Police… — Civil Procedure and Limitation | Kerala HC (2022)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE K.HARIPAL

¶4

TUESDAY, THE 22^ND DAY OF FEBRUARY 2022 / 3RD PHALGUNA, 1943

¶5

WP(CRL.) NO. 118 OF 2022

¶6

PETITIONER:

¶7

SULTAN THOMAS OOMMEN AGED 40 YEARS 12B SKYLINE BAYWATERS BEACH ROAD KOZHIKODE, PIN - 673032 BY ADV SULTAN THOMAS OOMMEN(Party-In-Person)

¶8

RESPONDENTS:

¶9

1 THE DISTRICT POLICE CHIEF DISTRICT POLICE HEADQUARTERS, MANANCHIRA KOZHIKODE CITY KOZHIKODE, PIN - 673004 2 THE SUB INSPECTOR OF POLICE PANNIANKARA POLICE STATION KOZHIKODE, PIN - 673003 3 THE SUB INSPECTOR OF POLICE KOZHIKODE TOWN POLICE STATION KOZHIKODE, PIN - 673032 4 THE ASSISTANT COMMISSIONER OF POLICE DISTRICT CRIME BRANCH DISTRICT CRIME BRANCH OFFICE MANANCHIRA, KOZHIKODE CITY KOZHIKODE, PIN - 673004 5 JACINTH ABOOBACKER AGED 68 YEARS W/O ABOOBACKER P M BEHIND LIONS CLUB, OFF GT ROAD MADIKERIE, COORG, KARNATAKA, PIN - 571201 6 SHOBAL THOMAS ABRAHAM AGED 32 YEARS S/O THOMAS BOBAN ABRAHAM BLOCK NO.9, FLAT NO.2731, KSHB COLONY, CALICUT KOZHIKODE, PIN - 673006

¶10

WP(CRL).No. 118 OF 2022

¶11

:-2-:

¶12

7 SHAMSEER AGED 34 YEARS S/O ABDUSAMAD PANDIYATTUPURAM ANTHIYOORKUNNU P.O. PULIKKAL, MALAPPURAM MALAPPURAM, PIN - 673637

¶13

OTHER PRESENT:

¶14

SR.PP - SMT. SREEJA V.

¶15

THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 22.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶16

WP(CRL).No. 118 OF 2022

¶17

:-3-:

¶18

J U D G M E N T

¶19

Petitioner is the de facto complainant in Crime No.1040

¶20

of 2020 of Panniankara Police Station, which was registered on 13.10.2020 alleging offences under Sections 404,420 and 464 read with 34 IPC. According to him, even though the crime was registered as early on 13.10.2020, there is no progress in the investigation. There is a connected case i.e., Crime No.102/2018, which is being investigated by the Crime Branch. Therefore, he moved the first respondent-the District Police Chief with a prayer to hand over the investigation of Crime No.1040 of 2020 as well to the Crime Branch, which is already investigating Crime No.102 of 2018. The representation is pending with the first respondent. He seeks a writ directing the officials to hand over investigation in Ext.P1 FIR to the Crime Branch.

¶21

I heard the petitioner who appeared in person as well

¶22

as the learned Senior Public Prosecutor representing the official

¶23

respondents.

¶24

WP(CRL).No. 118 OF 2022

¶25

:-4-:

¶26

Considering the nature of the allegations and having

¶27

regard to the fact that the connected crime is reportedly under investigation by the Crime Branch, the first respondent is directed to consider and dispose of Ext.P5 representation within a period of

¶28

one month from the date of receipt of a copy of this judgment.

¶29

The writ petition is disposed of as above.

¶30

sd/K.HARIPAL, Judge

¶31

MBS/

¶32

WP(CRL).No. 118 OF 2022

¶33

:-5-:

¶34

APPENDIX OF WP(CRL.) 118/2022

¶35

PETITIONER EXHIBITS

¶36

Ext P1 TRUE COPY OF FIR 1040 OF 2020 REGISTERED BY PANNIANKARA POLICE STATION Ext P2 TRUE COPY OF COMPLAINT RECEIPT ISSUED BY THE CRIME BRANCH KOZHIKODE Ext P3 TRUE COPY OF FIR 102 OF 2018 REGISTERED BY TOWN POLICE STATION KOZHIKODE Ext P4 TRUE COPY OF NOTICE ISSUED BY CRIME BRANCH KOZHIKODE DATED 25-1-2022 Ext P5 TRUE COPY OF REPRESENTATION DATED 27-12022

Sultan Thomas Oommen v. the District Police Chief

Case brief

What is this about?

What did the court decide?

Sultan Thomas Oommen v. the District Police Chief

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

Rafeek Vs State of Kerala

Afasl P.P. Vs State of Kerala

Anoop M.O. Vs State of Kerala

Ananthu Vs State of Kerala

Sebastian Vs State of Kerala

Anoop Vs State of Kerala