Writ petition challenging a police notice demanding the petitioner's original notary register for signature comparison in a criminal investigation. The petitioner agreed to produce it; the Court disposed of the writ petition directing production within ten days and safeguards under Section 41A Cr.P.C. before coercive steps.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
MONDAY, THE 10TH DAY OF JUNE 2024 / 20TH JYAISHTA, 1946
WP(C) NO. 10962 OF 2021
PETITIONER:
BINI K.V.
AGED 47 YEARS
W/O. MANOJKUMAR, RESIDING IN THE ADDRESS MOOLAYIL HOUSE,
IRINJALAKUDA NORTH P.O., MUKUNDAPURAM TALUK,
THRISSUR DISTRICT, PIN-680 125.
BY ADV SHAJIN S.HAMEED
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, DEPARTMENT OF HOME, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM DISTRICT, PIN-695 001.2 THE DEPUTY SUPERINTENDENT OF POLICE, OFFICE F THE DEPUTY SUPERINTENDENT OF POLICE, IRINJALAKUDA POLICE STATION, IRINJALAKUDA P.O. THRISSUR DISTRICT, PIN-680 121.3THE SUB INSPECTOR OF POLICE,
OFFICE OF THE SUB INSPECTOR OF POLICE,
IRINJALAKUDA POLICE STATION, IRINJALAKUDA P.O.
THRISSUR DISTRICT, PIN-680 121.
BY ADVS.
SHRI.P.NARAYANAN, ADDL.PUBLIC PROSECUTOR
ADVOCATE GENERAL OFFICE KERALA
SPL GP AND ADDL.PP - P.NARAYAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
10.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C). No. 10962 of 2021
2
JUDGMENT
Dated this the 10th day of June, 2024
This writ petition has been filed under Article 226 of the Constitution of India by the petitioner seeking the following prayers:
2. Heard the learned counsel for the petitioner
and the learned Special Government Pleader, in detail. Perused the relevant records.
W.P.(C). No. 10962 of 2021
3
notary register for the year 2018 containing serial No.24, for comparison of the signatures therein with that of the accused and the defacto complainant in Crime No.122/2020 of Irinjalakkuda Police Station, as part of investigation in obedience with the order of this Court dated 22.12.2020 in Crl.M.C. No.4893/2020 f i led by the accused. But, the register was not produced by the petitioner, who is in custody of the register maintained by her as part of notary work. When notice demanding the register was issued, challenging the said notice, the present writ petition has been f i led.
4 . The learned counsel for the petitioner would submit that the petitioner is ready to give the above said notary register as of now and she hesitated to give the same at the time of demand, since she had been using the register during the relevant time as part of notary work.
5 . In this matter, production of notary register for the year 2018 containing serial No.24, in original, for the purpose of comparison, is the demand of the
W.P.(C). No. 10962 of 2021
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prosecution, as pointed out by the learned Special Government Pleader. Therefore, acting on the willingness expressed by the learned counsel for the petitioner, this writ petition stands disposed of with direction to the petitioner to produce the original of notary register for the year 2018 containing serial No.24, within a period of ten days from today before the Investigating Ofcer, facilitating collection of evidence. fi On production of the same, the Investigating Officer shall produce the register before the learned Magistrate, within 24 hours, without fail, for the purpose of forwarding the same to the Forensic Science Laboratory.
It is specif i cally ordered that if the petitioner’s presence, not as a witness, is required for the purpose of the investigation, notice under Section 41A of the Cr.P.C. shall be issued in that line, before taking any coercive steps in connection with this crime.
Sd/-
A. BADHARUDEEN JUDGE
SK
W.P.(C). No. 10962 of 2021
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APPENDIX OF WP(C) 10962/2021
PETITIO |
NER EXHIBITS |
: |
|||
|---|---|---|---|---|---|
EXHIBIT |
P1 |
A TRUEEXECUTED |
COPYDAT |
OF TED 7.2. |
HE AGREEMENT FOR MARRIAGE18. |
EXHIBIT |
P2 |
A TRUEMARRIAGE |
COPDAT |
Y OFED NIL. |
THE PHOTOGRAPHS OF THE |
EXHIBIT |
P3 |
A TRUECRL.M.C.THIS HON |
COPNO.BLE |
Y OF4893COURT. |
THE JUDGMENT DELIVERS INOF 20 DATED 22.12.20 BY |
EXHIBIT |
P4 |
A TRUENOTARIALTHE MARR |
COPYREGIAGE |
OF TISTERDATED |
HE RELEVANT ENTRY IN THESIGNED BY THE PARTIES TO7.2.18. |
EXHIBIT |
P5 |
A TRUE CDIVISIONTHRISSUR |
OPYALRUR |
OF THPOLICEAL, DAT |
E NOTICE ISSUED BY THE SUBOFFICER, IRINJALAKUDA,ED 22.4.21. |
EXHIBIT |
P6 |
A TRUE C(6) KHCCOURT. |
OPY334 |
OF THEDATE |
JUDGMENT DELIVERED IN 2020D 6.11.20 BY THIS HONBLE |
1 issue framed by the court
Whether the petitioner could be compelled to produce her original notary register for comparison of signatures in an ongoing criminal investigation.
2 provisions across 2 enactments
Bini K.V.
State of Kerala
The Deputy Superintendent of Police, Irinjalakuda Police Station
The Sub Inspector of Police, Irinjalakuda Police Station
A. Badharudeen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court