Dismissed

Manual Vincent Kattassery v. State Police Chief

Kerala HC29 Mar 2023WP(Crl.)/159/2023

Case brief

AI extract

What is this about?

Writ petitioner sought direction to entrust investigation into Civil Case No.1223/2021 to Crime Branch alleging deficiency in investigation. Court held petition filed against criminal complaints referred as civil nature by police, remedy is to approach appropriate first instance court. Writ petition dismissed reserving liberty.

What did the court decide?

Application for direction to transfer investigation to Crime Branch dismissed.

Manual Vincent Kattassery Vs State… — Constitutional and Fundamental Rights | 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 BECHU KURIAN THOMAS

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WEDNESDAY, THE 29TH DAY OF MARCH 2023 / 8TH CHAITHRA, 1945

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WP(CRL.) NO. 159 OF 2023

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PETITIONER :

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MANUAL VINCENT KATTASSERY
AGED 64 YEARS, S/O.MANUAL,
KATTASSERY HOUSE, KARTHEDOM,
MALIPPURAM P.O. KOCHI, PIN - 682511
BY ADV DENIZEN KOMATH

¶8

RESPONDENTS :

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1 STATE POLICE CHIEF STATE POLICE HEAD QUARTERS, THIRUVANANTHAPURAM, VAZHUTHAKAD, PIN – 695 010.

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2 DISTRICT POLICE CHIEF ALUVA RURAL, POWER HOUSE, ALUVA.P.O, KOCHI, PIN – 683 101.

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3 STATION HOUSE OFFICER NJARAKKAL POLICE STATION, NJARAKKAL POST, KOCHI, PIN – 682 505. PP SEETHA S.

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THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
29.03.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

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WP(CRL.) 159/2023

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BECHU KURIAN THOMAS, J

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......…..................................

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W.P.(Crl.) No.159 of 2023

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…..................................

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Dated this the 29^th day of March, 2023

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JUDGMENT

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Petitioner seeks for a direction to entrust the investigation into Crime No.1223/2021 with the Crime Branch.

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Petitioner is the defacto complainant in the aforesaid crime.

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The offences alleged against the petitioner are under Sections 420, 468, 471, and 389 r/w Section 34 of the Indian Penal Code, 1860 apart from Sections 13 and 17 of the Kerala Money

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Lenders Act, 1958, and also Section 9(1)(a) of the Kerala Prohibition of Charging Exorbitant Interest Act, 2012.

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Petitioner alleges that no proper investigation is being conducted into the said crime, and hence the investigation is required to be handed over to the crime branch.

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Smt.Seetha S., the learned Public Prosecutor, upon instructions, submitted that during the investigation it was revealed that there was a financial transaction between the parties and that

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WP(CRL.) 159/2023

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the case is of a civil nature, based upon an agreement. Even an attempt at mediation was also tried. Since petitioner failed

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to appear, the same did not fructify. It was only thereafter that the complaint was preferred. After detailed investigation, the final report was filed referring the case as one of civil nature.

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Considering the fact that Crime No.1223/2021 of Njarakkal

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Police Station was referred as one of civil nature, the remedy of the petitioner is to move the appropriate court of first instance.

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Accordingly, this writ petition is dismissed reserving the aforesaid liberty.

sd/-

BECHU KURIAN THOMAS

JUDGE

AMV/30/03/2023

WP(CRL.) 159/2023

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APPENDIX OF WP(CRL.) 159/2023

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`PETITIO`	`NER`	`EXHIBITS`
`EXHIBIT`	`P1`	`COMPLAINT` `BEFORE THE` `1ST RESPON` `DATED 23/0`	`PREF` `CH` `DENT` `7/20`	`ERRED BY THE PETITIONER` `IEF MINISTER OF KERALA ,` `AND DGP OF KERALA POLICE` `20`
`EXHIBIT`	`P2`	`REMINDER` `4/08/2020`	`SEND`	`BY PETITIONER DATED`
`EXHIBIT`	`P3`	`COMPLAINT` `BEFORE THE` `16/03/2021`	`PREF` `1ST` `AND`	`ERRED BY THE PETITIONER` `RESPONDENT AND DGP DATED` `17/03/2021`
`EXHIBIT`	`P4`	`COMPLAINT`	`PREF`	`ERRED BY THE PETITIONER`
		`BEFORE T` `21/09/2021`	`HE`	`3RD RESPONDENT DATED`
`EXHIBIT`	`P5`	`COMPLAINT` `BEFORE T` `22/09/2021`	`PREF` `HE`	`ERRED BY THE PETITIONER` `2ND RESPONDENT DATED`
`EXHIBIT`	`P6`	`CRIME WAS`	`GOT`	`REGISTERED AS CR. NO.`
		`1223/2021` `DATED 16/1`	`OF` `0/20`	`NARAKKAL POLICE STATION` `21`
`EXHIBIT`	`P7`	`REPORT SUB` `POLICE NAR` `JFCM NARAK`	`MITT` `AKKA` `KAL`	`ED BY SUB INSPECTOR OF` `L POLICE STATION BEFORE` `DATED 02/08/2022`
`EXHIBIT`	`P8`	`REPORT SU` `BEFORE JFC`	`BMIT` `M NA`	`TED BY 3RD RESPONDENT` `RAKKAL DATED 18/11/2022`

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TRUE COPY

Manual Vincent Kattassery v. State Police Chief

Case brief

What is this about?

What did the court decide?

Manual Vincent Kattassery v. State Police Chief

Case brief

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