Disposed

Ashok Kumar v. State of Kerala

Kerala HC12 Jul 2023WP(Crl.)/310/2023

Case brief

AI extract

What is this about?

A writ petitioner challenged the conduct of police investigation in Crime No. 55/2023, specifically the change of charge from Section 326 to Section 325 IPC, seeking appointment of a superior officer. The court held that since the final investigation report had already been filed, the direction could not be issued.

What did the court decide?

Petition disposed of; liberty reserved to approach the Magistrate regarding grievance on charge alteration.

Ashok Kumar Vs State of Kerala — Criminal Trial and Appeal | Kerala HC (2023)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

¶4

WEDNESDAY, THE 12TH DAY OF JULY 2023 / 21ST ASHADHA, 1945

¶5

WP(CRL.) NO. 310 OF 2023

¶6

CRIME NO.55/2023 OF Pallithottam Police Station, Kollam

¶7

AGAINST THE ORDER/JUDGMENT,CMP 173/2023 OF JUDICIAL MAGISTRATE

¶8

OF FIRST CLASS - III, KOLLAM.

¶9

WRIT PETITIONER:

¶10

ASHOK KUMAR
AGED 40 YEARS
S/O DASAN, FISHERMEN COLONY, JONAKAPURAM,
KOLLAM – 691 013.
BY ADVS.
V.I.RAHUL
SHIFA LATHEEF

¶11

RESPONDENTS:

¶12

1STATE OF KERALA
REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY,
HOME DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN – 695 001.

¶13

2 THE STATE POLICE CHIEF STATE POLICE HEAD QUARTERS, VAZHUTHAKAD, THIRUVANANTHAPURAM – 695 010.

¶14

3THE CITY POLICE COMMISSIONER, KOLLAM
POLICE COMMISSIONER'S OFFICE, MUNDAKKAL,
KOLLAM – 691 010.
4THE STATION HOUSE OFFICER
PALLITHOTTAM POLICE STATION, JONAKAPURAM,
KOLLAM - 691 013.

¶15

5SHIBU
AGED 32 YEARS
S/O STEPHEN, FISHERMEN COLONY,

¶16

WP(Crl). No. 310 of 2023

¶17

¶18

JONAKAPPURAM,
KOLLAM, PIN – 691 013.

¶19

6VIJI
AGED 35 YEARS
S/O VARGHESE, FISHERMEN COLONY, JONAKAPPURAM,
KOLLAM – 691 013.
7PRADEEP
AGED 35 YEARS
S/O JOHNSON, MUSLIM COLONY, KADAPPURAM
PURAMBOKKE, PALLITHOTTAM, KOLLAM – 691 013.
8JOY
AGED 35 YEARS
S/O UPPANDI, FISHERMEN COLONY, JONAKAPPURAM,
KOLLAM – 691 013.

¶20

9PANIYADIMA
AGED 37 YEARS
S/O BRITTO, VALIYAKADA CHERRY, FISHERMEN
COLONY,JONAKAPPURAM, KOLLAM – 691 013.
10ROBIN
AGED 38 YEARS
S/O UPPANDI, FISHERMEN COLONY, JONAKAPPURAM,
KOLLAM – 691 013.

¶21

BY ADVOCATE GENERAL OFFICE KERALA
PUBLIC PROSECUTOR – SRI. C.N PRABHAKARAN

¶22

THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 12.07.2023, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:

¶23

WP(Crl). No. 310 of 2023

¶24

¶25

BECHU KURIAN THOMAS, J. ============================= WP(Crl). No. 310 of 2023

¶26

============================= Dated this the 12^th day of July, 2023

¶27

JUDGMENT

¶28

Petitioner seeks for writ of mandamus directing the appointment of an officer not below the rank of DYSP for investigating into Exhibit P14.

¶29

Sri. V.I. Rahul, the learned counsel for the petitioner submitted that, even though F.I.R No.55/2023 was registered by the Pallithottam Police Station alleging various offences, including Section 326 IPC, police is not properly investigating the crime.

¶30

Sri. C.N.Prabhakaran, the learned Public Prosecutor, relying upon the statement filed by the 4^th respondent submitted that Crime No.160/2022 and Crime No.55/2023 were initiated by the defacto complainant while in Crime No.179/2022, petitioner is the accused.

¶31

It was further submitted that in all the above three crimes, the final reports have already filed and the same are

¶32

WP(Crl). No. 310 of 2023

¶33

¶34

pending before the Magistrate. The learned Public Prosecutor pointed out that though in Crime No.55/2023 offence under Section 326 IPC was incorporated initially, after investigation, the offence was altered to Section 325 IPC.

¶35

The learned counsel for the petitioner submitted that the conduct of deleting Section 326 IPC, from the final report and incorporating only Section 325 IPC, by itself indicates the unreliability of the investigation conducted and hence sought for an investigation to be conducted by a Superior Officer.

¶36

The primary grievance of the petitioner is in respect of the investigation conducted into Crime No. 55/2023 of Pallithottam Police Station. As submitted by the learned Public Prosecutor the said investigation has resulted in a final report which was filed on 03.07.2023, no doubt during the pendency of this writ petition. Though, initially Section 326 IPC was incorporated in the F.I.R, during investigation it was altered to Section 325 IPC. Whether such alteration was valid or not, is a matter for the petitioner to bring to the notice of the Magistrate at the appropriate time.

¶37

Since the final report has already been filed in Crime No.55/2023 of Pallithottam Police Station, the direction as

¶38

WP(Crl). No. 310 of 2023

¶39

¶40

sought for cannot be issued.

¶41

Reserving the liberty of the petitioner to approach the Magistrate, at the appropriate stage with his grievance, this writ petition is disposed of.

¶42

Sd/-

¶43

BECHU KURIAN THOMAS

¶44

JUDGE

¶45

Rvm

¶46

WP(Crl). No. 310 of 2023

¶47

¶48

APPENDIX OF WP(CRL.) 310/2023

¶49

PETITIONER EXHIBITS

¶50

EXHIBIT P1TRUE COPY OF THE COMPLAINT FILED BY THE
PETITIONER BEFORE THE JFCMC-3, KOLLAM
DATED 16-03-2022.
EXHIBIT P2TRUE COPY OF THE PETITION FILED BY THE
PETITIONER BEFORE THE JFCMC-3, KOLLAM
DATED05-04-2022FORMONITORING
INVESTIGATION.
EXHIBIT P3TRUE COPY OF THE REPORT FILED BY THE
INVESTIGATION OFFICER DATED 12-04-2022
BEFORE JFCMC-3, KOLLAM.
EXHIBIT P4TRUE COPY OF THE FINAL REPORT FILED BY THE
FOURTH RESPONDENT BEFORE THE JFCMC-
3,KOLLAM DATED 13-04-2022.
EXHIBIT P5TRUE COPY OF THE OP TICKET OF THE
PETITIONER OBTAINED FROM DISTRICT HOSPITAL
KOLLAM DATED 29-04-2022.
EXHIBIT P6TRUE COPY OF THE PETITION FILED BY THE
PETITIONER BEFORE THE FOURTH RESPONDENT
DATED 02-05-2022.
EXHIBIT P7TRUE COPY OF THE PETITION FILED BY THE
PETITIONER BEFORE THE FOURTH RESPONDENT
DATED 13-07-2022.
EXHIBIT P8TRUE COPY OF THE RELEVANT PAGES OF THE
PETITION REGISTER DATED 03-05-2022 AND 14-
07-2022 OBTAINED BY RTI.

¶51

WP(Crl). No. 310 of 2023

¶52

¶53

`EXHIBIT P9`	`TRUE COPY OF THE OP TICKET OF THE`
	`PETITIONER OBTAINED FROM DISTRICT HOSPITAL` `KOLLAM DATED 27-12-2022.`
`EXHIBIT P10`	`TRUE COPY OF THE PETITION FILED BY THE` `PETITIONER BEFORE THE DISTRICT LEGAL` `SERVICES AUTHORITY, KOLLAM DATED 05-09-` `2022.`
`EXHIBIT P11`	`TRUE COPY OF THE REPORT FILED BY THE` `EXECUTIVE ENGINEER OF HARBOUR ENGINEERING` `DEPARTMENT BEFORE DLSA,KOLLAM.`
`EXHIBIT P12`	`TRUE COPY OF THE PETITION SEND TO THE` `FOURTH RESPONDENT ON 30-12-2022.`
`EXHIBIT P13`	`TRUE COPY OF THE POSTAL RECEIPT OF THE` `PETITION SEND TO THE FOURTH RESPONDENT` `DATED 30-12-2022.`
`EXHIBIT P14`	`TRUE COPY OF THE FIR DATED 21-01-2023` `REGISTERED BY THE FOURTH RESPONDENT.`
`EXHIBIT P15`	`TRUE COPY OF THE FIS IN CRIME 55/2023 OF` `KOLLAM, PALLITHOTTAM POLICE STATION.`
`EXHIBIT P16`	`TRUE COPY OF THE PETITION FILED FOR` `MONITORING THE INVESTIGATION BEFORE THE` `JFCMC-3,KOLLAM DATED 23-02-2023.`
`EXHIBIT P17`	`TRUE COPY OF THE REPORT FILED BY THE` `INVESTIGATION OFFICER IN PALLITHOTTAM PS` `CRIME 55/2023 DATED 28-02-2023.`
`EXHIBIT P18`	`TRUE COPY OF THE PETITION SEND TO THE` `THIRD RESPONDENT ON 07-03-2023.`
`Exhibit P19`	`CERTIFIED COPY OF THE ORDER SHEET FROM` `JUDICIAL FIRST CLASS MAGISTRATE COURT-111,` `KOLLAM DATED 27-03-2023.`

Ashok Kumar v. State of Kerala

Case brief

What is this about?

What did the court decide?

Ashok Kumar v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Shinto Vs State of Kerala

Gokuldas @ Gokulan Vs State of Kerala

P v Cherian Vs State of Kerala

Rahul K.M. Vs State of Kerala

Vyasan.S Vs State of Kerala

Biju Vs State of Kerala