This criminal writ petition, filed by a defacto complainant alleging forgery and failure of investigation, was dismissed. The court noted that specimens were sent for analysis and found no basis for the petitioners apprehension, ruling that a fresh investigation is unnecessary pending results.
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.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 30TH DAY OF MARCH 2023 / 9TH CHAITHRA, 1945
WP(CRL.) NO. 152 OF 2023
CRIME NO.78/2020 OF MEDICAL COLLEGE POLICE STATION, KOZHIKODE
PETITIONER :
C. V. MYTHILI, AGED 67 YEARS, W/O MOHANDASAN, CHOTHISHA, KEEZHANIMETHAL, PERACHIKUNNU, POKKUNNU P.O., KOZHIKODE DISTRICT, PIN – 673 007
BY ADVS. SUNNY XAVIER C.P.PRETTY
RESPONDENTS :
1 STATE OF KERALA, REPRESENTED ITS SECRETARY, DEPARTMENT OF HOME, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695 001
2 COMMISSIONER OF POLICE KOZHIKODE, OFFICE OF THE COMMISSIONER OF POLICE, KOZHIKODE CITY, KOZHIKODE DISTRICT, PIN – 673 004 3 STATION HOUSE OFFICER, MEDICAL COLLEGE POLICE STATION, KOZHIKODE CITY, KOZHIKODE DISTRICT, PIN – 673 008
BY SMT.SREEJA V., PUBLIC PROSECUTOR
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 30.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(CRL.) NO. 152 OF 2023
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BECHU KURIAN THOMAS, J.
W.P.(Crl.) No.152 of 2023
Dated this the 30th day of March, 2023
JUDGMENT
Petitioner is the defacto complainant in Crime No.78/2020 of Medical College Police Station, Kozhikode. She alleges that her signature was forged by the accused who are clerks in the Medical College Hospital for misappropriating amounts due to her from the Provident Fund account. Petitioner complains that the investigation is not going on properly and the accused who are highly influential are compelling her to withdraw the complaint. Petitioner also apprehends that due to the political clout of the accused, they would interfere with the investigation, causing great prejudice to the petitioner.
The results of analysis are awaited and as soon as the results are obtained, the investigation will proceed without further delay.
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WP(CRL.) NO. 152 OF 2023
Reserving the liberty of the petitioner to move in accordance with law, after the final report is filed, this writ petition is dismissed.
Sd/- BECHU KURIAN THOMAS, JUDGE
RKM
WP(CRL.) NO. 152 OF 2023
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APPENDIX OF WP(CRL.) 152/2023
PETITIONER'S EXHIBITS :
Exhibit-P1 TRUE COPY OF THE FIR NO.0078/2020 ALONG WITH FIS OF MEDICAL COLLEGE POLICE STATION Exhibit-P2 TRUE COPY OF THE COMPLAINANT FILED BY THE PETITIONER DATED 28-01-2022 ALONG WITH ITS RECEIPT Exhibit-P3 TRUE COPY OF THE PROCEEDINGS SHEET ISSUED FROM THE OFFICE OF THE DISTRICT LEGAL SERVICES AUTHORITY KOZHIKODE TO THE PETITIONER DATED 08/10/2018
1 issue framed by the court
Whether a fresh investigation or re-investigation is necessary given the petitioners apprehension of influence and failure of investigation.
C. V. Mythili
State of Kerala
Commissioner of Police Kozhikode
Station House Officer, Medical College Police Station, Kozhikode
Bechu Kurian Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
