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High Court of KeralaWP(C)/6901/2015closed

Ubais v. The State Police Chief

2015-09-04Honourable Mr. Justice B.Kemal Pasha4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA FRIDAY, THE 4TH DAY OF SEPTEMBER 2015/13RD BHADRA, 1937 WP(C).No. 6901 of 2015 (K) ------------------------------------ PETITIONER(S):

----------------------- UBAIS, AGED 44 YEARS, S/O.LATE KUNJU MUHAMMED, RESIDING AT VADAKKUMBHAGAM KIZHAKKETHIL VEEDU, PRATHEESKSHA NAGAR 238, KANNIMEL CHERRY, KILIKOLLOOR VILLAGE, KILIKOLLOOR P.O., KOLLAM. BY ADVS.SRI.JOHNSON GOMEZ SRI.S.BIJU (KIZHAKKANELA) RESPONDENT(S):

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1. THE STATE POLICE CHIEF, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM, PIN-695 010.

2. THE SUB INSPECTOR OF POLICE, ALUVA EAST POLICE STATION, ALUVA ERNAKULAM DISTRICT-683 101.

3. THE DIRECTOR, FINGER PRINT BUREAU (HAND WRITING EXPERT WING), KERALA POLICE DEPARTMENT, PATTOM P.O., THIRUVANANTHAPURAM, PIN-695 004.

4. THE DIRECTOR, KERALA STATE FORENSIC SCIENCE LABORATORY, KERALA POLICE DEPARTMENT, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM, PIN-695 010.

BY GOVERNMENT PLEADER SMT. P.MAYA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: msv/

WP(C).No. 6901 of 2015 (K) -------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT P1 ; A TRUE COPY OF THE COMPLAINT IN CR.M.P.NO.847 OF 2012 FILED BY THE PETITIONER BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, ALUVA.

EXT P2 : A TRUE COPY OF THE FORWARDING NOTE DATED 07-12-2012 ISSUED BY THE SECOND RESPONDENT TO THE DIRECTOR, FINGER PRINT BUREAU (HAND WRITING EXPERT WING), THIRUVANANTHAPURAM. EXT P3 : A TRUE COPY OF THE APPLICATION DATED 14-01-2015 SUBMITTED BY THE PETITIONER BEFORE THE INFORMATION OFFICER OF THE THIRD RESPONDENT.

EXT P4 : A TRUE COPY OF THE LETTER DATED 22-01-2015 ISSUED BY THE STATE PUBLIC INFORMATION OFFICER IN THE OFFICE OF THE THIRD RESPONDENT.

EXT P5 : A TRUE COPY OF THE LETTER NO.E2-46VF.S.L/2015 DATED 04-02-2015 ISSUED BY THE STATE PUBLIC INFORMATION OFFICE OF THE FOURTH RESPONDENT.

EXT P6: A TRUE COPY OF THE COMPLAINT DATED 22ND FEBRUARY 2015 SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT. RESPONDENT(S)' EXHIBITS:

----------------------------------------- NIL //TRUE COPY// P.S.TO JUDGE.

Msv/

B.KEMAL PASHA, J.

================ W.P.(C). No. 6901 of 2015 ======================= Dated this the 4th day of September, 2015

J U D G M E N T

The complaint is that the sample signatures collected were not sent for comparison. Presently, it has been reported by the Sub Inspector of Police, Aluva East Police Station that the sample signatures along with admitted signatures were sought to be forwarded through the court below to the Finger Print Bureau (Hand Writing Expert Wing), Thiruvananthapuram for examination. The court below has returned the matter to the Investigating Officer with instructions to send the same to the Forensic Science Laboratory. It has been reported that, presently, the same were sent to the aforesaid Forensic Science Laboratory, Thiruvananthapuram for expert examination with forwarding note on 09.02.2015. The report is awaited. On getting the report, the Investigating Officer shall expedite the matter and finalize the matter expeditiously, at any rate,

W.P.(C). No. 6901 of 2015 within a period of 'three' months from the receipt of the expert opinion.

With the said direction, this writ petition is closed. The petitioner is at liberty to approach this Court, again, in case, any further direction is required in the matter. Sd/- B.KEMAL PASHA, JUDGE stu