Disposed

Abdul Salim v. State of Kerala

Kerala HC7 Nov 2023WP(C)/3965/2020

Case brief

AI extract

What is this about?

The High Court ordered the City Police Commissioner to summon the Case Diary for Crime No.216/2016, peruse it, and decide on the necessity of further investigation under strict supervision, communicating the decision within one month.

What did the court decide?

Direction to the 3rd respondent to summon the Case Diary, peruse it with notice to the petitioner, and decide within one month whether further investigation is necessary.

Abdul Salim Vs State of Kerala — Criminal Trial and Appeal | Kerala HC (2023)

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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 P.V.KUNHIKRISHNAN

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TUESDAY, THE 7TH DAY OF NOVEMBER 2023 / 16TH KARTHIKA, 1945

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WP(C) NO. 3965 OF 2020

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PETITIONER:

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1ABDUL SALIM
AGED 35 YEARS
S/O. ABDUL SALAM,
VILAPURATHU VEEDU, NEAR PINNAKKAL MOSQUE,
VALATHUNGAL CHERI, ERAVIPURAM VILLAGE,
KOLLAM DISTRICT, PIN-691 011.
BY ADVS.
K.SIJU
SRI.S.ABHILASH
SMT.S.REKHA KUMARI
SMT.S.SEETHA
SMT.ANJANA KANNATH

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY SECRETARY TO THE DEPARTMENT OF HOME, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001.

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2 STATE POLICE CHIEF POLICE HEAD QUARTERS, VAZHUTHAKKAD, THIRUVANANTHAPURAM, PIN695014.

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3 CITY POLICE COMMISSIONER KOLLAM, PIN-691001.

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4 THE SUB INSPECTOR OF POLICE ERAVIPURAM POLICE STATION, KOLLAM, PIN-691 011. SRI HRITHWIK CS, PP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

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07.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WPC No.3965 of 2020

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P. V. KUNHIKRISHNAN, J.

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W.P.(C.) No.3965 of 2020

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Dated this the 07^th day of November, 2023

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JUDG MENT

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The petitioner is the defacto complainant in Crime No.216/2016 on the file of Eravipuram Police Station registered for the offence under Section 143, 147, 148, 323, 324, 308 read with Section 149 IPC.

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The petitioner was aggrieved by the

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investigation conducted by the Police and therefore, a petition was filed before this Court as Crl.M.C. No.1665/2016 for proper and effective investigation. This Court disposed the above case as per Ext.P4 order directing the Assistant Commissioner of Police to scrutinise the investigation and is also observed that the investigation shall be conducted under the strict supervision of the Assistant Commissioner of Police. It is the case of the petitioner that the final report is filed with several irregularities. Apart from

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WPC No.3965 of 2020

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the injured witnesses, all other independent witnesses are either the relatives or friends of the accused is the submission. It is also submitted that

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the persons who are in hostility with the petitioner and other injured was intentionally arrayed as witnesses to weaken the prosecution case, is the further submission. If the trial is conducted based on the present final report it will be detrimental to the prosecution is the submission. Hence, this writ petition.

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Heard, the learned counsel for the petitioner and the learned Public Prosecutor.

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This Court perused Ext.P4 order passed by this Court. It will be better to extract contents in Ext.P4 order.

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“Heard the learned counsel for the petitioners and the learned Public Prosecutor.

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Two crimes have been registered as Crime Nos.216/16 and 217/16 of the Eravipuram Police Station, Kollam for various offences including the one under Section 308 IPC. It seems that the petitioners have suffered serious injuries in the

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WPC No.3965 of 2020

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incident. The crimes have been registered as case and counter. The petitioners have preferred AnnexureA7 representation before the State Police Chief pointing out irregularities in the investigation.

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Both the crimes are still under investigation. The investigating officer shall take note of the contents of Annexure-A7 also while continuing with the investigation. The concerned Assistant Commissioner of Police shall scrutinize the investigation. The investigation shall be conducted under the strict supervision of the Assistant Commissioner of Police.

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This Crl.M.C. is disposed of with the above directions.”

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From the above, it is clear that this Court directed the concerned Assistant Commissioner of Police to scrutinise the investigation and the investigation shall be conducted under the strict supervision of the Assistant Commissioner of Police.

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The grievance of the petitioner is that from the final report it is clear that the Assistant Commissioner scrutinised the investigation and supervised the investigation.

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If that be the case there can be a direction

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WPC No.3965 of 2020

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to the 3^rd respondent to summon the Case Diary in Crime No.216/2016 of Eravipuram Police Station and peruse the same with notice to the petitioner and thereafter, decide whether any further investigation is necessary in the above case. The decision taken by the 3^rd respondent is to be communicated to the petitioner as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment.

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The writ petition is disposed of as above.

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Sd/-

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P. V. KUNHIKRISHNAN

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JUDGE

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bng

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WPC No.3965 of 2020

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		`APPENDIX OF WP(C) 3965/2020`
`PETITIO`	`NER’S`	`EXHIBITS:`
`EXHIBIT`	`P1`	`THE TRUE COPY FIR WITH FIS IN CRIME NO.216/2016` `OF ERAVIPURAM POLICE STATION DATED 30.1.2016.`
`EXHIBIT`	`P2`	`THE TRUE COPY OF WOUND CERTIFICATE OF THE` `PETITIONER DATED 30.1.2016.`
`EXHIBIT`	`P2(A)`	`THE TRUE COPY OF WOUND CERTIFICATE OF CW2 DATED` `30.1.2016.`
`EXHIBIT`	`P2(B)`	`THE TRUE COPY OF WOUND CERTIFICATE OF CW3 DATED` `30.1.2016.`
`EXHIBIT`	`P2(C)`	`THE TRUE COPY OF WOUND CERTIFICATE OF CW4 DATED` `30.1.2016.`
`EXHIBIT`	`P3`	`THE TRUE COPY OF FINAL REPORT IN CRIME` `NO.216/2016 OF ERAVIPURAM POLICE STATION DATED` `22.9.2016.`
`EXHIBIT`	`P4`	`THE TRUE COPY OF JUDGMENT DATED 29.3.2016 IN` `CRL.M.C.NO.1665/2016.`
`RESPOND`	`ENTS'`	`EXHIBITS:NIL`

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TRUE COPY

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P.A. TO JUDGE

Abdul Salim v. State of Kerala

Case brief

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Abdul Salim v. State of Kerala

Case brief

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