P.P.Rajendren Nair v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA MONDAY, THE 30TH DAY OF NOVEMBER 2015/9TH AGRAHAYANA, 1937Q WP(C).No. 8383 of 2015 (W) --------------------------- PETITIONER:
----------- P.P.RAJENDRAN NAIR, AGED 58 YEARS, S/O.PARAMESWARAN NAIR, LAKSHMI BHAVAN, THELLIYOOR PO, MALLAPPALY TALUK, PATHANAMTHITTA DISTRICT, PIN-689 544.
BY ADVS.SRI.K.N.RADHAKRISHNAN(THIRUVALLA) SRI.SALIM KAMBISSERI RESPONDENTS:
------------
1. STATE OF KERALA, REP. BY HOME SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2. THE DISTRICT POLICE CHIEF, PATHANAMTHITTA DISTRICT, PIN-689 645.
3. DEPUTY SUPERINTENDENT OF POLICE, PATHANAMTHITTA, PATHANAMTHITTA DISTRICT, PIN-689 645. R1 TO R3 BY GOVERNMENT PLEADER SMT.MAYA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 8383 of 2015 (W) --------------------------- APPENDIX PETITIONER'S EXHIBITS :
----------------------- EXT P1 : COPY OF FINAL REPORT OF CC.NO.403/2011 OF JFCM II PATHANAMTHITTA.
EXT P2 : COPY OF AFFIDAVIT SWORN BY THE CW3 IN P1 CHARGE. EXT P3 : COPY OF AFFIDAVIT SWORN BY THE CW4 IN P1 CHARGE. EXT P4 : COPY OF FINAL REPRESENTATION SUBMITTED BEFORE THE SECOND RESPONDENT DATED 12-03-2015.
RESPONDENTS' EXHIBITS :
----------------------- NIL // True Copy // P.A. To Judge
B.KEMAL PASHA, J.
=================== W.P.(C).No.8383 of 2015 ==================== Dated this the 30th day of November, 2015
J U D G M E N T
It seems that at the instance of the accused, a further investigation in the matter was ordered by the State Police Chief. The procedure is unheard of. In a case like the present one, the State Police Chief ought not to have ordered any further investigation at the instance of the accused. It is the fundamental principles of criminal jurisprudence that the accused has no say in the investigation. Finding fault with the investigation, the accused preferred a complaint before the State Police Chief and within no time, a further investigation was ordered.
2. The learned Government Pleader presently
W.P.(C).No.8383 of 2015 submits that such an exercise of a further investigation is almost over. Let the report be filed within a month from today. In case of any further grievance to the petitioner on getting such a further final report, the petitioner can move this Court again.
With such a liberty, this Writ Petition (Civil) is presently closed.
Sd/- B. KEMAL PASHA JUDGE // True Copy // P.A. To Judge