Dismissed

Geetha v. State of Kerala

Kerala HC24 May 2023WP(Crl.)/214/2023

Case brief

AI extract

What is this about?

This is a criminal writ petition seeking a direction to the State Police Chief to take action on a representation alleging police nexus. The court held that since a Final Report was already filed and accepted by the Magistrate, converting the case to civil, the relief of re-investigation could not be granted via writ, though remedies exist against the report.

What did the court decide?

Relief sought in the writ petition is not allowed since the Final Report has already been filed and accepted by the Magistrate.

Geetha Vs State of Kerala — 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 24TH DAY OF MAY 2023 / 3RD JYAISHTA, 1945
WP(CRL.) NO. 214 OF 2023

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IN CRIME NO.152/2021 OF TIRURANGADI POLICE STATION, MALAPPURAM

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PETITIONER:

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GEETHA
AGED 48 YEARS
W/O BABURAJ,
KOTTUVALAKKAD HOUSE,
KARIPARAMB, THIRURANGADI,
MALAPPURAM, PIN – 676306

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BY ADVS.
NAVANEETH.N.NATH
SANEL CHERIAN

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682031

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2 THE STATE POLICE CHIEF KERALA STATE POLICE HEAD QUARTERS, THIRUVANANTHAPURAM, PIN – 695010

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3 THE SUB INSPECTOR THIRURANGADI POLICE STATION, CHEMMAD, KERALA, PIN – 676306

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4 PRAJITHA W/O ABHILASH, VENGALATH HOUSE, PUTHENPEEDIKA, WEST PARAPPANANGADI, MALAPPURAM DISTRICT,PIN – 676319

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BY ADV
NOUSHAD K.A
PUBLIC PROSECUTOR

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THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
24.05.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(Crl).No.214 of 2023

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BECHU KURIAN THOMAS, J.

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==================== W.P.(Crl).No.214 of 2023

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===================== Dated this 24^th day of May, 2023

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JUDGMENT

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Petitioner seeks for a direction to the 2^nd respondent to consider and take appropriate action on Ext.P2 representation.

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Petitioner is the defacto complainant in Crime No.152/2021 of Tirurangadi Police Station, alleging offences punishable under Section 420 of the Indian Penal Code, 1860.

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According to the complaint, accused had collected an amount of Rs.11,66,000/- from the defacto complainant, after promising to pay interest every month and also collected 32 sovereigns of gold and failed to return the money and the gold, despite repeated requests and thereby committed the offence alleged against her. The FIR was registered on 13.03.2021. Later, by Ext.P2, petitioner complained to the State Police Chief that, she will not get justice due to the unholy nexus of the accused with the Police. After filing the said representation, this writ petition has been preferred seeking the relief as noted earlier.

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The learned Public Prosecutor, upon instructions, submitted that the evidence revealed that there is no evidence for the alleged

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W.P.(Crl).No.214 of 2023

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transaction and being a monetary dispute between the parties, a final report was submitted referring the case as civil in nature and the refer charge was accepted as R.C.No.1145/2021.

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In view of filing of the refer report and the acceptance of the same by the Magistrate’s Court, the remedy of the petitioner is not by preferring a representation in the nature of Ext.P2. The said representation refers to Crime No.152/2021 and seeks for a direction to have a proper investigation through another police officer.

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Since, even before Ext.P2 representation was submitted, the final report was filed and the same has been accepted by the learned Magistrate, I am of the view that the relief sought for in this writ petition cannot be allowed. However, petitioner will be entitled to work out her remedies in accordance with law against the refer report.

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With the above observations, this writ petition is dismissed.

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Sd/-

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BECHU KURIAN THOMAS

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Jka/24.05.23.

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W.P.(Crl).No.214 of 2023

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APPENDIX OF WP(CRL.) 214/2023

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PETITIONER’S EXHIBITS
Exhibit P1TRUE COPY OF FIR IN CRIME NO. 152/2021
BEFORE THE TIRURANGADI POLICE STATION

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Exhibit P2

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TRUE COPY OF REPRESENTATION SUBMITTED BY
THE PETITIONER BEFORE THE 2ND RESPONDENT
ALONG WITH THE RECEIPT DATED 06.02.2023

Geetha v. State of Kerala

Case brief

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Geetha v. State of Kerala

Case brief

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