C.P. Peethambaran v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE WEDNESDAY, THE 20TH DAY OF MAY 2015/30TH VAISAKHA, 1937 WP(C).No. 14010 of 2015 (S) ---------------------------- PETITIONER(S) :- ------------------ C.P. PEETHAMBARAN, AGED 51 YEARS ADVOCATE, S/O.KRISHNAN NAIR RESIDING AT CHEMMENCHERI PUTHIYA VEETTIL PRAPOIL P.O., CHERUPUZHA VIA, KANNUR DISTRICT. BY ADVS.SRI.C.A.CHACKO SMT.C.M.CHARISMA RESPONDENT(S) :- ------------------
1. STATE OF KERALA REPRESENTED BY SECRETARY, HOME DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2. THE DIRECTOR GENERAL OF POLICE THIRUVANANTHAPURAM-695 001
3. THE CIRCLE INSPECTOR OF POLICE PAYYANNUR, KANNUR DISTRICT-670 307.
4. THE DEPUTY SUPERINTENDENT OF POLICE CBCID, HHW-III, WAYANAD SUB UNIT, KOZHIKODE-673 001.
5. THE DIRECTOR CENTRAL BUREAU OF INVESTIGATION, CHENNAI-60001.
6. THE SUPERINTENDENT OF POLICE CENTRAL BUREAU OF INVESTIGATION, KOCHI UNIT KATHRUKADAVU, ERNAKULAM-682 017.
R1 TO R3 BY SR.GOVERNMENT PLEADER SRI.C.R.SYAMKUMAR BY SRI.P.CHANDRASEKHARA PILLAI, C.B.I.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20-05-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C).No. 14010 of 2015 (S) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS :- ---------------------------- EXT.P1.TRUE COPY OF THE FIR IN CRIME NO.188/2012 OF PERINGOME POLICE STATION ALONG WITH TRUE ENGLISH TRANSLATION OF MALAYALAM PORTION.
EXT.P2.TRUE COPY OF THE AFFIDAVIT FILED BY THE 4TH RESPONDENT IN WPC NO.2595/2014.
EXT.P3.TRUE COPY OF THE ORDER DATED 4/3/2014 IN WPC NO.2595/2014 OF THIS HONOURABLE COURT.
EXT.P4.TRUE COPY OF THE ORDER DATED 10/11/2014 IN IA NO.15044/2014 IN WPC NO.2595/2014 OF THIS HONOURABLE COURT. EXT.P5.TRUE COPY OF THE MEMO DATED 22/4/2015 FILED BY THE PETITIONER IN WPC NO.2595/2014 OF THIS HONOURABLE COURT. EXT.P6.TRUE COPY OF THE REPRESENTATION DATED 23/3/2015 SENT BY THE PETIITONER TO THE 1ST RESPONDENT.
EXT.P7.TRUE COPY OF THE INTIMATION DATED 16/4/2015 RECEIVED BY THE PETITIONER FROM THE HOME MINISTER ALONG WITH ITS ENGLISH TRANSLATION.
EXT.P8.TRUE COPY OF JUDGMENT DATED 3/8/2006 IN WPC NO.18377/2006 OF THIS HONOURABLE COURT.
RESPONDENT(S)' EXHIBITS :- NIL -------------------------------- //TRUE COPY// P.A. TO JUDGE
ASHOK BHUSHAN, C.J. & A.M. SHAFFIQUE, J.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 14010 OF 2015 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of May, 2015
JUDGMENT
Ashok Bhushan, C.J.
Heard learned counsel for the petitioner. This writ petition has been filed as a Public Interest Litigation seeking investigation of a murder case by Central Bureau of Investigation.
2. The petitioner, claiming to be a resident of Chemmencheri Grama Panchayat in Kannur District and a practicing lawyer, has come up with this Public Interest Litigation seeking investigation of a murder case by Central Bureau of Investigation, which took place on 05.03.2012.
3. Learned counsel for the respondents has raised a preliminary objection regarding maintainability of this Public Interest Litigation. It is submitted that W.P.(C) No. 2595 of 2014 has already been filed by the sons of deceased lady Smt.Mariakutty, who was murdered on 05.03.2012 and learned Single Judge called for reports by passing orders in the year 2014 and the said writ petition is pending.
WP(C) No. 14010 of 2015 -:2:- We have considered the submission and perused the records. W.P.(C) No.2595 of 2014 filed by the sons of the deceased having already been entertained, we see no reason to entertain this writ petition which is claimed to be filed by a resident of the same Panchayat as Public Interest Litigation. In the above view of the matter, this Writ Petition is dismissed.
Ashok Bhushan, Chief Justice.
A.M. Shaffique, Judge.
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