Josepaul v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE P.UBAID WEDNESDAY, THE 18TH DAY OF MARCH 2015/27TH PHALGUNA, 1936 Crl.MC.No. 540 of 2014 (E) -------------------------- CRIME NO. 439/2012 OF PIRAVAM POLICE STATION , ERNAKULAM PETITIONERS/ACCUSED:

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1. JOSEPAUL, S/O.PAULOSE, AGED 40 YEARS OLANGATTU HOUSE, PINERMUNDA, ERNAKULAM NOW RESIDING AT 4104, PRINCES TOWER, DUBAI MARINA, UAE.

2. DEENA, W/O.JOSEPAUL, AGED 35 YEARS OLANGATTU HOUSE, PINERMUNDA, ERNAKULAM NOW RESIDING AT 4104, PRINCES TOWER, DUBAI MARINA, UAE BY ADV. SRI.PAUL K.VARGHESE RESPONDENTS/COMPLAINANT & STATE:

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1. STATE OF KERALA REPRESENTED BY SECRETARY (HOME DEPARTMENT) GOVERNMENT SECRETARIAT, TRIVANDRUM - 695 001 THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM.

2. DIRECTOR GENERAL OF POLICE (LAW & ORDER)/ POLICE CHIEF, POLICE HEAD QUARTERS THIRUVANANTHAPURAM - 695 001.

3. DEPUTY SUPERINTENDENT OF POLICE, OFFICE OF THE SUPERINTENDENT OF POLICE ERNAKULAM RURAL, ALUVA - 683 101.

4. THE ASSISTANT COMMISSIONER OF POLICE, OFFICE OF THE ASSISTANT COMMISSIONER OF POLICE THRIKKAKARA - 682 028.

5. CIRCLE INSPECTOR OF POLICE, PIRAVOM POLICE STATION, ERNAKULAM - 686 664.

6. THE SUB INSPECTOR OF POLICE, PIRAVOM POLICE STATION, ERNAKULAM - 686 664.

7. ARUN KUMAR, S/O.KUNJU KRISHNAN NAIR, RESIDING AT PLOT NO.175/8 STREET CO-OPERATIVE HOUSING SOCIETY, BHAVANI NAGAR MM ROAD, ANDHERI EAST, MUMBAI - 400 059.

R1 BY SR.PUBLIC PROSECUTOR, SMT.SAREENA GEORGE P. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 18-03-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl.MC.No. 540 of 2014 -------------------------- APPENDIX PETITIONERS' EXHIBITS ------------------------------------- ANNEXURE I: A TRUE COPY OF THE FIR IN CRIME NO.439/12 OF PIRAVOM POLICE STATION DATED 24/11/2012.

ANNEXURE II: A TRUE COPY OF THE STATEMENT SUBMITTED BY ARUNKUMAR BEFORE THE PIRAVOM POLICE DATED 20/11/2012.

ANNEXURE III: A TRUE COPY OF THE PLAINT IN OS NO.194/2012 FILED BY ONE GIJO KURIAN AGAINST ARUN KUMAR BEFORE THE SUB COURT MUVATTUPUZHA DATED 22/8/2012.

ANNEXURE IV: A TRUE COPY OF THE RELEVANT PAGES OF THE PASSPORT OF THE 1ST PETITIOENR.

ANNEXURE V: A TRUE COPY OF THE RELEVANT PAGES OF THE PASSPORT OF THE 2ND PETITIONER.

ANNEXURE VI: A TRUE COPY OF THE COMPLAINT FILED BY THE 1ST PETITIONER'S MOTHER BEFORE THE INSPECTOR GENERAL OF POLICE ERNAKULAM DATED 12/12/2013.

ANNEXURE VII: A TRUE COPY OF THE RECEIPT ISSUED BY THE OFFICE OF I.G.OFFICE, ERNAKULAM RANGE DATED 12/12/2013. RESPONDENTS' EXHIBITS : NIL --------------------------------------- dl // TRUE COPY // PA to Judge

P.UBAID, J.

------------------------- Crl. M.C No.540 of 2014 --------------------------------------- Dated this the 18th day of March, 2015.

O R D E R

The petitioners herein seek a direction for effective investigation in a crime where they are accused. Now it is submitted by the learned Public Prosecutor that the police has already submitted final report in this case, and that these two petitioners are not arraigned as accused in the final report. If so, the petitioners cannot have any grievance. They are now not accused in the crime. The submission is recorded, and the Crl.M.C is closed.

Sd/- P.UBAID, JUDGE sab