Petition in criminal writ petition sought direction for constituting Special Investigation Team regarding atrocities and false cases. Court held that as final reports were already filed, sought reliefs became infructuous.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
TUESDAY, THE 4TH DAY OF JULY 2023 / 13TH ASHADHA, 1945
WP(CRL.) NO. 70 OF 2023
PETITIONER:
MADHU.V.R
AGED 58 YEARS
S/O.RAMAKRISHNAN NAIR, RESIDING AT TC 21/841,
KEEZHARANNOOR, NEDUMCAUD, KARAMANA.P.O.,
THIRUVANANTHAPURAM-695002. CONDUCTING BUSINESS AT TC
38/3233 AND 3232, NILA RESTAURANT NEAR MUKKOLA JUNCTION
OF EANACAKKAL, KAZHAKKKOOTTAM BYPASS, THIRUVANATHAPURAM
– 695 002.
BY ADVS.
V.R.GOPU
ADIL.M.H
URMILA.M.G
RESPONDENTS:
1STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT,
HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695
001.
2THE DIRECTOR GENERAL OF POLICE
STATE POLICE HEADQUARTERS, VELLAYAMBALAM,
THIRUVANANTHAPURAM – 695 010.
3 THE INSPECTOR GENERAL AND COMMISSIONER OF POLICE THIRUVANANTHAPURAM CITY, OFFICE OF THE COMMISSIONER OF POLICE, THYCAUD, THIRUVANANTHAPURAM – 695 014.4 THE DEPUTY SUPERINTENDENT OF POLICE DYSP OFFICE, THIRUVANANTHAPURAM - 695 001.BY ADVOCATE GENERAL OFFICE, KERALA
SRI. C N PRABHAKARAN - PUBLIC PROSECUTOR
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
04.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(Crl). No. 70 of 2023
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BECHU KURIAN THOMAS, J.
============================= WP(Crl). No. 70 of 2023
============================= Dated this the 4th day of July, 2023
JUDGMENT
Petitioner seeks for a direction directing respondents 1 to 3 to conduct a proper investigation by constituting a Special Investigation Team in respect of the atrocities done against the petitioner and his family members and against the restaurant and in respect of a false case registered against the petitioner and his family members. A further direction to initiate action pursuant to Ext. P11 complaint submitted by the petitioner is also sought for.
WP(Crl). No. 70 of 2023
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the police. Even thereafter petitioner was assaulted, and various articles in the restaurant were destroyed. Hence another complaint was also lodged on the same day. A writ petition seeking police protection was filed as W.P.(C) No.1998 of 2022 in the meantime. Even thereafter the attacks against the petitioner continued, even to the extent of outraging the modesty of petitioner’s wife. Finally a crime was registered as FIR No. 1008 of 2022 of Kazhakkoottam Police Station. To the surprise of the petitioner, another crime was registered against him and his wife apart from another person, as FIR No. 1009 of 2022. Petitioner alleges that on realising the registration of a crime against him and his wife, he filed Ext.P11 requesting the constitution of a special investigation team to investigate both crimes. Since no action has been initiated, pursuant thereto, petitioner has approached this Court through the present writ petition.
4
WP(Crl). No. 70 of 2023
to a case and counter case, they will have to be tried by the same court. It was also submitted that since the cases are pending before the Judicial First Class Magistrate’s Court, Attingal, the relief, seeking constitution of a Special Investigation Team to investigate the crime ought not to be permitted.
Reserving the aforestated liberty, this writ petition is closed.
Sd/-
BECHU KURIAN THOMAS JUDGE
Rvm
WP(Crl). No. 70 of 2023
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APPENDIX OF WP(CRL.) 70/2023
PETITIONER EXHIBITS
Exhibit - P1TRUE COPY OF THE COMPLAINT FILED BEFORE
THE SUB INSPECTOR OF POLICE KAZHAKKOOTTAM
WITH THE RECEIPT ISSUED FROM THE OFFICE OF
SUB INSPECTOR OF POLICE, KAZHAKKOOTTAM
DATED 19.6.2022.
Exhibit - P2TRUE COPY OF THE COMPLAINT SUBMITTED BY
THE PETITIONER BEFORE THE SUB INSPECTOR OF
POLICE, KAZHAKOOTTAM AT 4.58 P.M DATED
19.6.2022.
Exhibit - P3TRUE COPY OF THE JUDGMENT IN W.P.(C)
NO.19998/2022 PASSED BY THE HIGH COURT OF
KERALA DATED 28.06.2022.
Exhibit - P4TRUE COPY OF COMPLAINT LODGED BEFORE SHO,
KAZHAKKOOTTAM WITH RECEIPT DATED 6.7.2022.
Exhibit - P5TRUE COPY OF THE COMPLAINT SUBMITTED BY
THE PETITIONER TO THE 3RD RESPONDENT AND
ITSACKNOWLEDGEMENTRECEIPTDATED
6.7.2022.
Exhibit - P6THE TRUE COPY OF THE COMPLAINT SUBMITTED
BY THE PETITIONER TO THE 2ND RESPONDENT
AND ITS ACKNOWLEDGEMENT RECEIPT DATED
12.07.2022.
Exhibit - P7TRUE COPY OF THE CRIME NO.1008/2022 OF
KAZHAKKOOTTAMPOLICESTATIONDATED
1.8.2022.
WP(Crl). No. 70 of 2023
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Exhibit - P8TRUE COPY OF THE CRIME NO.1009/2022 OF
KAZHAKKOOTTAMPOLICESTATIONDATED
1.8.2022.
Exhibit - P9TRUE COPY OF REMAND REPORT IN CRIME
NO.1008/2022 SUBMITTED BEFORE JUDICIAL
FIRST CLASS COURT -LL, ATTINGAL DATED
2.8.2022.
Exhibit - P10TRUE COPY OF REMAND REPORT IN CRIME
NO.1009/2022 SUBMITTED BEFORE JUDICIAL
FIRST CLASS COURT -II, ATTINGAL ON
2.8.2022.
Exhibit - P11TRUE COPY OF THE COMPLAINT FILED BY THE
PETITIONER AND OTHERS BEFORE THE 2ND
RESPONDENT WITH RECEIPT DATED 17.10.2022.
Exhibit - P12TRUE COPY OF THE REQUEST FILED BY THE
PETITIONER AND OTHERS BEFORE THE CHIEF
MINISTER OF KERALA DATED 9.11.2022.
Exhibit - P13TRUE COPY OF THE LETTER ENDT NO.K10-
207344/2022/PHQ DATED 14.12.2022.
2 issues framed by the court
Whether the petitioner is entitled to a direction for constituting a Special Investigation Team given that final reports have already been filed.
Whether the reliefs sought regarding the investigation have become infructuous.
Madhu.V.R
State of Kerala
The Director General of Police
Inspector General and Commissioner of Police Thiruvananthapuram City
Deputy Superintendent of Police
Bechu Kurian Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court