The Court closed the Writ Petition (Criminal) as infructuous after the Public Prosecutor informed that the police investigation was completed and a report under Section 173(2) Cr.P.C was submitted stating further action dropped.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K. BABU
MONDAY, THE 20TH DAY OF NOVEMBER 2023 / 29TH KARTHIKA, 1945
WP(CRL.) NO. 110 OF 2023
CRIME NO.362/2023 OF Ernakulam Central Police Station, Ernakulam
PETITIONER:
SAIBY JOSE KIDANGOOR
AGED 51 YEARS
S/O. LATE K.C KIDANGOOR, KOORAN KALLOOKKARAN HOUSE,
8TH CROSS, DIVINE NAGAR, SOUTH CHITTOOR - 682 027
ERNAKULAM DISTRICT, PIN - 682027
BY ADVS.
K.ANAND
BABU S. NAIR
M.R.NANDAKUMAR
P.MARTIN JOSE
S.SREEKUMAR (SR.)
RESPONDENT/S:
1THE STATE POLICE CHIEF
POLICE HEAD QUARTERS, VAZHUTHACADU,
THIRUVANANTHAPURAM, PIN - 695014
2THE STATION HOUSE OFFICER
ERNAKULAM CENTRAL POLICE STATION,
ERNAKULAM, PIN - 682031
3THE CITY COMMISSIONER OF POLICE
KOCHI CITY, ERNAKULAM, PIN - 682011
BY ADVS.
P.NARAYANAN, SENIOR G.P. AND ADDL.PUBLIC PROSECUTOR
SHRI.SAJJU.S., SENIOR G.P.
RAJESH A, SPL GP VIGILANCE
REKHA – SR.PUBLIC PROSECUTOR
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
20.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(CRL.) NO. 110 OF 2023
2
K.BABU, J
W.P(Crl) No.110 of 2023
Dated this the 20th day of November, 2023
J U D G M E N T
The prayers in this Writ Petition are as follows:
“a) Call for the entire records leading upto Exhibit P1 FIR (Crime No.362/2023 of the Ernakulam Central Police Station) and quash the same by the issuance of a Writ of certiorari or any other appropriate Writs, Orders or Directions.
b) Dispense with the filing of the transaction of vernacular documents.
c) Grant any other further or consequential reliefs, as may be prayed for and deemed fit by this Hon’ble Court.”
after completing the investigation, submitted a report under Section
173(2) of the Cr.P.C stating ‘further action dropped’. The copy of the report is also made available.
prayed for a direction to the Special Judge to consider the report in a
time bound manner. The Special Judge shall consider the report and
take a decision in accordance with law within two months from the date
W.P(Crl) No.110 of 2023
3
of production of a certified copy of this judgment. The Special Judge
may also consider the application that may be submitted by the
petitioner for getting copies of the report and other documents, in accordance with law, on usual terms.
The Writ Petition is closed as infructuous.
Sd/-
K.BABU
JUDGE
ab
W.P(Crl) No.110 of 2023
4
APPENDIX OF WP(CRL.) 110/2023
PETITIONER EXHIBITS
Exhibit P1TRUE COPY OF THE FIRST INFORMATION REPORT
IN CRIME NO: 362/2023 OF THE ERNAKULAM
CENTRAL POLICE STATION, DATED 01.02.2023
Exhibit P2TRUE COPY OF THE SHOW CAUSE NOTICE
NO.KBC/CP/SHOW CAUSE/298/2023 ISSUED TO
THE PETITIONER BY THE BAR COUNCIL OF
KERALA DATED 30.01.2023
Exhibit P3TRUE COPY OF THE COVERING LETTER NO.IC-
15/10/2023DATED 27.1.2023 ALONG WITH THE
ANONYMOUS COMPLAINT DATED 16.11.2022 OF
THE MINISTRY OF LAW AND JUSTICE
RESPONDENTS EXHIBITS: NIL
1 issue framed by the court
Whether the Writ Petition (Criminal) seeking quashing of the First Information Report should be closed as infructuous after the police submitted a report under Section 173(2) of the Cr.P.C stating fur
1 provisions across 1 enactments
SAIBY JOSE KIDANGOOR
THE STATE
K. BABU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court