The High Court of Kerala dismissed a writ petition seeking a court-monitored investigation and victim compensation for an alleged murder attempt in Tamil Nadu. The court held it lacked territorial jurisdiction as the cause of action arose wholly outside Kerala.
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
WEDNESDAY, THE 5TH DAY OF JULY 2023 / 14TH ASHADHA, 1945
WP(CRL.) NO. 433 OF 2023
PETITIONER :
PRASAD BABU, AGED 38 YEARS, 15/125, ALASSAN QUARTERS, BANGLAVUKUNNU, KUTTIPPURAM, MALAPPURAM, KERALA, PIN – 679 571
BY ADV PRASAD BABU(Party-In-Person)
RESPONDENTS :
1 STATE OF TAMIL NADU, THROUGH HOME SECRETARY TO GOVERNMENT, (K. PHANINDRA REDDY), ST.GEORGE FORT, CHENNAI PHONE: 25671113,25670077 PABX 5632 (O) EMAIL: [email protected], PIN – 600 009
2 DISTRICT POLICE CHIEF, MALAPPURAM (SUJITH DAS. S) DISTRICT POLICE OFFICE, UP HILL POST, MALAPPURAM, PHONE: 0483-2734377 EMAIL: [email protected], PIN – 676 505
BY ADV R. SHUNMUGASUNDARAM
BY SRI.K.A.NOUSHAD, PUBLIC PROSECUTOR
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
05.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING :
WP(CRL.) NO. 433 OF 2023
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BECHU KURIAN THOMAS, J.
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W.P.(Crl.) No.433 of 2023
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Dated this the 5th day of July, 2023
JUDGMENT
Petitioner seeks for the following reliefs :-
“1. Initiate court monitored investigation into matter pertaining to the above said murder attempt, which caused a liver injury, and the motivation for police protecting the criminals.
2. Grant relief under the Victim Compensation Scheme, or any other relief which the Court deems fit in the circumstances of the case in the interest of justice and equality.
3. Initiate court monitored investigation to determine if there is a connection between the initial murder attempt that damaged my liver and the presence of Saji, who came from Kunnamkulam or Trissur to reside in my neighbourhood and departed after failing in his attempt.
4. I the petitioner haven't engaged in any sort of crime or criminal activity in the last 38 years of my life. Therefore, I pray to the Honourable court, to have my name removed from KAAPA list, or any false police records created with malicious intent in Kuttippuram and Malappuram police station”.
he was attacked by a group of contract killers in a planned attempt to murder him at Chennai, Tamil Nadu. Petitioner alleges that, even though he had complained to the Chennai police, a crime was not registered.
WP(CRL.) NO. 433 OF 2023
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Petitioner further pleaded that after coming back to his home town, he tried to file a writ petition, which was not successful as it was advised by the Kerala State Legal Services Authority that he should approach the Magistrate's Court. Petitioner also alleges that he had suffered a laceration on his liver. On the basis of the above allegations, petitioner seeks for a court warranted investigation into the alleged murder attempt and also for relief under the Victim Compensation Scheme.
WP(CRL.) NO. 433 OF 2023
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registration of a crime is to approach the jurisdictional Magistrate with an appropriate petition.
any list of rowdy in any police station and therefore the said relief also cannot be entertained.
the petitioner to approach the jurisdictional court, in accordance with law, this writ petition is dismissed.
Sd/-
BECHU KURIAN THOMAS, JUDGE
RKM
WP(CRL.) NO. 433 OF 2023
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APPENDIX OF WP(CRL.) 433/2023
PETITIONER'S EXHIBITS :
| Exhibit-P1 | COPY OF A PAGE IN DISCHARGE SUMMARY FROM KILPAUK MEDICAL COLLEGE, WHICH SHOWS THE LENGTH OF LIVER LACERATION AND A PICTURE OF ME BEING IN ICU ON 20-11-2020. |
|---|---|
| Exhibit-P2 | A COPY OF EMAIL RECEIVED FROM KELSA ASKING ME TO APPROACH LOWER COURT ON 10-11-2021. |
| Exhibit-P3 | A COPY OF EMAIL SENT TO JUDICIAL FIRST CLASS MAGISTRATE'S COURT SEEKING PROTECTION FOR LIFE ON 21-06-2020. |
| Exhibit-P4 | A COPY OF THE COMPLAINT LETTER GIVEN TO POLICE AND THE ACKNOWLEDGEMENT RECEIVED FROM KUTTIPPURAM POLICE STATION ON 29-12-2021. |
| Exhibit-P5 | A COPY OF EMAIL SENT TO SHO IN MANGAD POLICE STATION ON 21-02-2023, WHICH WAS LATER FORWARDED TO CHENNAI VIGILANCE COMMISSIONER ON 13-03-2023 AND THEN TO TAMIL NADU HOME SECRETARY ON 29-03-2023. |
3 issues framed by the court
Whether the High Court of Kerala has jurisdiction under Article 226 to entertain a writ petition concerning an alleged murder attempt that occurred entirely in Tamil Nadu.
Whether a victim compensation claim should be entertained when the petitioner's name is not listed as a rowdy in any police station.
Whether the appropriate remedy for non-registration of a crime is to approach the High Court or the jurisdictional Magistrate.
Colour shows how this judgement treated each authority
Sakiri Vasu v. State of Uttar Pradesh and OthersReferred¶36
Sakiri Vasu v. State of Uttar Pradesh and Others [(2008) 2 SCC 409] · Who else cites this
Sudhir Bhaskarrao Tambe v. Hemant Yashwant DhageReferred¶36
Sudhir Bhaskarrao Tambe v. Hemant Yashwant Dhage [(2016) 6 SCC 277] · Who else cites this
1 provisions across 1 enactments
Prasad Babu
State of Tamil Nadu
District Police Chief, Malappuram
Bechu Kurian Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
