High Court of KeralaCrl.MC/5109/2015disposed of

Lafsitha v. State Of Kerala

2015-09-09Honourable Mr. Justice P.V.Kunhikrishnan4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE SUNIL THOMAS WEDNESDAY, THE 9TH DAY OF SEPTEMBER 2015/18TH BHADRA, 1937 Crl.MC.No. 5109 of 2015 () --------------------------- CMP.No. 3072/2015 of JUDICIAL FIRST CLASS MAGISTRATE, NILAMBUR CRIME NO. 305/2015 OF POOKOTTUMPADAM POLICE STATION , MALAPPURAM PETITIONER(S)/DEFACTO COMPLAINANT:

------------------------------------------------------------------ LAFSITHA, AGED 32 YEARS, W/O.MAJEED, THEKKETHIL HOUSE, KARULAI AMSOM, PALLIKUTHU P.O., CHUNGATHARA, MALAPPURAM DISTRICT. BY ADV. SRI.U.K.DEVIDAS RESPONDENTS/STATE AND ACCUSED:

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1. STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM

2. VEERANKUTTY, PILAKKATTUPADAM, KARULAI, PALLIKUTHU P.O., CHUNGATHARA, MALAPPURAM DISTRICT - 679 334.

BY PUBLIC PROSECUTOR: SMT. MAYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09-092015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl.MC.No. 5109 of 2015 () --------------------------- APPENDIX PETITIONER(S)' ANNEXURES :

------------------------------------------ ANNEXURE A1: COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.305/2015 OF POOKKOTTUMPADAM POLICE STATION, DATED 20/4/2015 ANNEXURE AII: COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.305/2015 OF POOKKOTTUMPADAM POLICE STATION, DATED 20/4/2015. ANNEXURE AIII: COPY OF THE COMPLAINT DATED 30/5/2015 ANNEXURE AIV: COPY OF THE RECEIPT ISSUED BY THE FIRST RESPONDENT DATED 01/06/2015 ANNEXURE AV: COPY OF THE ORDER IN C.M.P NO.3072/2015 IN CRIME NO.305/2015 DATED 24/4/2015 RESPONDENT(S)' ANNEXURES : NIL --------------------------------------------- //TRUE COPY// PA TO JUDGE skr

SUNIL THOMAS, J.

== == == == == == == == == == == Crl.M.C. No. 5109 of 2015 == == == == == == == == == == == Dated this the 9th day of September, 2015

ORDER

Essentially the request made by the petitioner is to have an appropriate direction to ensure fair and effective investigation in crime No.305 of 2015 of Pookkottumpadam Police Station, for offences punishable under Section 354(a) (i) of IPC. This court by a comprehensive order dated 12.08.2015 had directed the District Police Chief to issue necessary directions in compliance with the direction of this court.

2. When the matter was taken up for hearing, the learned Public Prosecutor on instructions submitted that Circle Inspector, Nilambur has taken over investigation. This is recorded. I feel that this court should not monitor the further investigation and should leave it free to the investigating agency to have a free and effective

-2Crl.M.C.No. 5109 of 2015 investigation. This court shall not impose any fetters on the complete discretion of the investigating agency to have an investigation except saying that the investigation shall be impartial and effective. This Crl.M.C. Is closed. However it is clear in the eventuality of any grievance being raised by the petitioner regarding the investigation, he can seek his appropriate remedy in accordance with the law. Sd/- SUNIL THOMAS, JUDGE.

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