Thomas v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA TUESDAY, THE 3RD DAY OF NOVEMBER 2015/12TH KARTHIKA, 1937 WP(C).No. 14800 of 2013 (Y) ------------------------------------------- CRIME NO.119/2013 OF KANNAMALY POLICE STATION, ----------------- PETITIONER(S) :

------------------------- THOMAS, AGED 50 YEARS, S/O.OUSEPH, NADUVILA VEETIL, KUTHERAKOORAKARI KARA, PALLURUTHY, ERNAKULAM DISTRICT.

BY ADVS.SRI.S.RAJEEV SRI.K.K.DHEERENDRAKRISHNAN RESPONDENT(S):

----------------------------

1. STATE OF KERALA, REP.BY HOME SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM- 695 001.

2. STATE POLICE CHIEF, POLICE HEADQUARTERS, THIRUVANANTHAPURAM- 695 001.

3. CITY POLICE COMMISSIONER,.

OFFICE OF THE CITY POLICE COMMISSIONER, KOCHI- 682 011.

4. ASSISTANT POLICE COMMISSIONER, OFFICE OF THE ASST.POLICE COMMISSIONER, KOCHI- 682 011.

5. SUB INSPECTOR OF POLICE, KANNAMALY POLICE STATION, ERNAKULAM- 682 011, (CRIME NO 119/2013 OF KANNAMALY POLICE STATION, ERNAKULAM).

BY PUBLIC PROSECUTOR SMT.SAREENA GEORGE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Msd.

WP(C).No. 14800 of 2013 (Y) ----------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS :

---------------------------------------- EXHIBIT P1:

COPY OF THE FIR IN CRIME NO .119/13 OF KANNAMALY POLICE STATION.

EXHIBIT P2:

COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER AND GENERAL PUBLIC ALONG WITH ACKNOWLEDGMENT.

EXHIBIT P3:

COPY OF RECEIPT ISSUED BY THE OFFICE OF THE HOME AND VIGILANCE.

EXHIBIT P4:

COPY OF THE ACKNOWLEDGEMENT CARD ISSUED FROM THE CITY POLICE COMMISSIONER'S OFFICE.

RESPONDENT(S)' ANNEXURES :

------------------------------------------------- ANNEXURE R5(A):

TRUE COPY OF THE POSTMORTEM CERTIFICATE DATED 12.02.2012.

//TRUE COPY// P.A.TO JUDGE.

Msd.

B. KEMAL PASHA, J.

````````````````````````````````````````````````````````````` W.P.(C) No.14800 of 2013 Y ````````````````````````````````````````````````````````````` Dated this the 3rd day of November, 2015

J U D G M E N T

~ ~ ~ ~ ~ ~ ~ ~ ~ Petitioner has come up with the complaint that there is no proper investigation in Crime No.119/2013 of Kannamaly Police Station. The petitioner has sought for a fair investigation in the matter.

2.

Learned Public Prosecutor submits that after the filing of this writ petition, the investigation was handed over to the Circle Inspector of Police, Mattanchery and that presently, the investigation has been completed and final report has also been filed. In such a situation, the petitioner has to challenge the final report, in case of any further grievance in the matter. With liberty to the petitioner to challenge the final report in case of any grievance, this writ petition is closed. Sd/- (B.KEMAL PASHA, JUDGE) aks/04/11 // True Copy // PA to Judge