In this criminal writ petition, the petitioner sought direction for investigation and transfer to Crime Branch. The Court noted that investigation was completed with a refer report stating it was a mistake of fact and closed the petition without prejudice.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.(Crl.).No146/22 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
FRIDAY, THE 24TH DAY OF JUNE 2022 / 3RD ASHADHA, 1944
WP(CRL.) NO. 146 OF 2022
CRIME NO.2/2022 OF Shornur Police Station, Palakkad PETITIONER:
AMINAKUTTY, AGED 51 YEARS, APPAMKANDATHIL HOUSE, KULAPULLY P.O, SHORNUR II VILLAGE, OTTAPALAM PALAKKAD, PIN – 679 101.
BY ADV L.RAJESH NARAYAN
RESPONDENT:
W.P.(Crl.).No146/22 2
SHORNUR PALAKKAD, PIN – 679 121.
SRI.M.P.PRASANTH, PUBLIC PROSECUTOR
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 24.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(Crl.).No146/22
3
JUDGMENT
This writ petition is filed by the petitioner who is the de facto complainant in Crime No.2 of 2022 of Shornur Police Station, seeking proper investigation in the matter and also for seeking a direction to hand over the investigation to Crime Branch. When the writ petition came up for consideration, the learned Government Pleader submits that the investigation in this case is already completed and a refer report has been submitted stating that it is a mistake of fact. The said report is filed on 15.03.2022. In such circumstances, this writ petition is closed without prejudice to the rights and remedies of the petitioner.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE
DG/24.6.22
W.P.(Crl.).No146/22
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APPENDIX OF WP(CRL.) 146/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE LAWYERS NOTICE DATED 18.8.2021
Exhibit P2 TRUE COPY OF THE COMPLAINT FILED BEFORE THE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT, OTTAPALAM
Exhibit P3 TRUE COPY OF THE AFFIDAVIT OF THE PETITIONER
Exhibit P4 TRUE COPY OF THE COMPLAINT FILED BEFORE THE 3RD RESPONDENT
Exhibit P5 TRUE COPY OF THE POWER OF ATTORNEY DATED 25.2.2020 Exhibit P6 TRUE COPY OF THE FIR NO.2/2022 DATED 3.1.2022
1 issue framed by the court
Whether the writ petition seeking proper investigation and transfer to Crime Branch lies in the circumstances where investigation is completed with a report stating it was a mistake of fact.
Aminakutty
State Police Chief
District Police Chief
Superintendent of Police, Palakkad
Station House Officer, Shornur
Jayapratkash J.P.
Ziyad Rahman A.A.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
