Disposed

Xxxxxxxxxxxxxx v. State of Kerala

Kerala HC17 Jul 2024WP(Crl.)/84/2023

Case brief

AI extract

What is this about?

The court disposed of a writ petition seeking a special investigation team. It held the claim infructuous as the police had already completed the investigation and submitted the final report. The petition was disposed without prejudice to approaching the appropriate forum.

What did the court decide?

Writ petition disposed of without prejudice to the right of the petitioner to approach the appropriate forum.

Xxxxxxxxxxxxxx Vs State of Kerala — Criminal Trial and Appeal | Kerala HC (2024)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR

¶4

WEDNESDAY, THE 17TH DAY OF JULY 2024 / 26TH ASHADHA, 1946

¶5

WP(CRL.) NO. 84 OF 2023

¶6

CRIME NO.1464/2022 OF ERNAKULAM NORTH POLICE STATION,

¶7

ERNAKULAM

¶8

PETITIONER:

¶9

XXXXXXXXXXXXXX XXXXXXXXXXXXX XXXXXXXXXXXXXXX

¶10

BY ADVS.
BOBBY RAPHEAL.C
E.C.POULOSE

¶11

RESPONDENTS:

¶12

1 STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

¶13

2 THE DIRECTOR GENERAL OF POLICE POLICE HEAD QUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM, PIN - 695014

¶14

3 THE DISTRICT POLICE CHIEF ERNAKULAM, OFFICE OF THE DISTRICT POLICE CHIEF, REVENUE TOWER, PARK AVENUE ROAD, ERNAKULAM, PIN - 682011

¶15

4 THE ASSISTANT COMMISSIONER OF POLICE ERNAKULAM NORTH, CENTRAL POLICE STATION, ERNAKULAM, PIN - 682018

¶16

5 THE STATION HOUSE OFFICER ERNAKULAM TOWN NORTH POLICE STATION, ERNAKULAM., PIN - 682018

¶17

¶18

W.P.(Crl.) No.84 of 2023

¶19

6ADDL.R6.P.C. GOVINDANKUTTY NAIR
AGED 43 YEARS
S/O. LATE K. CHANDRASEKHARA PILLAI,
PUSHYA, PONOTH ROAD, ROYAL AVENUE,
KALOOR P.O., ERNAKULAM-682017 (MANAGING
DIRECTOR, ABC MALAYALAM YOU TUBE CHANNEL,
ERNAKULAM)
** ADDL.R6 IMPLEADED VIDE ORDER DATED
22/08/2023 IN IA 2/23 **
BY ADV.SEENA C.-PUBLIC PROSECUTOR

¶20

THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 17.07.2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:

¶21

¶22

W.P.(Crl.) No.84 of 2023

¶23

P.G. AJITHKUMAR, J.

¶24

¶25

W.P.(Crl.) No.84 of 2023

¶26

¶27

Dated this the 17^th day of July, 2024

¶28

JUDGMENT

¶29

This writ petition was filed invoking the provisions of Article 226 of the Constitution of India, 1950, seeking a writ of mandamus directing the 2^nd respondent to entrust the investigation in Crime No.1464 of 2022 of Ernakulam Town North Police Station, with a special investigation team.

¶30

When this matter is taken up for consideration

¶31

today, the learned Public Prosecutor submitted a report of the Station House Officer, Ernakulam Town North Police Station, wherein it is stated that the investigation in Crime No.1464 of 2022 was completed and a final report in the matter was already submitted before the Court of Additional Chief Judicial Magistrate, Ernakulam.

¶32

Heard the learned counsel for the petitioner and

¶33

the learned Public Prosecutor.

¶34

Since a final report has already been submitted

¶35

¶36

W.P.(Crl.) No.84 of 2023

¶37

before the jurisdictional court, the relief sought in the writ petition to entrust the investigation with a special investigation team has become practically infructuous. If the petitioner still has any grievance, it is for her to take it up before the appropriate forum.

¶38

Accordingly, on recording the aforesaid fact this writ petition is disposed of without prejudice to the right of the petitioner to ventilate her grievance, if any, by approaching the appropriate forum.

¶39

Sd/P.G. AJITHKUMAR JUDGE

¶40

SMF

¶41

¶42

W.P.(Crl.) No.84 of 2023

¶43

APPENDIX OF WP(CRL.) 84/2023

¶44

PETITIONER EXHIBITS

¶45

EXHIBIT P-1TRUE COPY OF THE FIR AND FIS IN CRIME
NO.1464/2022 OF ERNAKULAM TOWN NORTH
POLICE STATION, ERNAKULAM

¶46

EXHIBIT P-2TRUE COPY OF THE ORDER DATED
14/12/2022 IN CRL.M.C. NO.2834/2022
OFSESSIONSCOURT,ERNAKULAM
DIVISION.
EXHIBIT P-3TRUE COPY OF THE E-MAIL COMPLAINT
DATED 15/12/2022 SENT BY THE
PETITIONER TO THE CHIEF MINISTER OF
KERALA AND 2ND RESPONDENT.
EXHIBIT P-4TRUE COPY OF THE DIRECTION DATED
15/12/2022 OF THE 2ND RESPONDENT TO
THE 3RD RESPONDENT THROUGH E-MAIL.

¶47

EXHIBIT P-5 TRUE COPY OF THE REPRESENTATION DATED 14/01/2023 SENT BY THE PETITIONER TO HON’BLE CHIEF MINISTER OF KERALA.

¶48

EXHIBIT P-6 TRUE COPY OF THE CASE STATUS OF WP(CRL) NO. 422/2023 OF THIS HON'BLE COURT

¶49

EXHIBIT P-7 TRUE COPY OF THE FIR IN CRIME NO. 901/2023 OF HILL PALACE POLICE STATION, TRIPUNITHURA, ERNAKULAM DISTRICT

Xxxxxxxxxxxxxx v. State of Kerala

Case brief

What is this about?

What did the court decide?

Xxxxxxxxxxxxxx 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

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sivaraman @ Unnikrishnan Vs State of Kerala

Adv.Varughese Umman Vs Saly Pappachand

Jaseena Beegum a.K., Vs Union Territory of Lakshadweep

Lal Vs the State of Kerala

P.a.Karunakaran Vs Valsala

State of Kerala Rep. by the Public Prosecutor Vs Nishad