A.Subair v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID WEDNESDAY, THE 25TH DAY OF MARCH 2015/4TH CHAITHRA, 1937 WP(C).No. 19024 of 2014 (C) ---------------------------- PETITIONER:
------------------ A.SUBAIR, AGED 37 YEARS S/O.LATE ABDUL AZEEZ MAVILA VEEDU, KAYALVARAM VAKKOM-695306.
BY ADVS.SRI.T.M.ABDUL LATHEEF SRI.A.MOHAMED RASHEED RESPONDENTS:
-----------------------
1. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT HOME DEPARTMENT, THIRUVANANTHAPURAM-695001.
2. DIRECTOR GENERAL OF POLICE POLICE HEAD QUARTERS, VAZHUTHAKKADU THIRUVANANTHAPURAM-695014.
3. S.VINOD KUMAR ADDITIONAL SUB INSPECTOR OF POLICE KADAKKAVOOR POLICE STATION, KADAKKAVOOR-695306.
4. SHEEJA AHAD W/O.ABDUL AHAD, HYFA MANZIL, KAYALVARAM VAKKOM-695306.
5. ABDUL AHAD, HYFA MANZIL KAYALVARAM, VAKKOM-695306.
R1 & R2 BY PUBLIC PROSECUTOR SMT. S. HYMA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 19024 of 2014 (C) APPENDIX PETITIONER'S EXHIBITS ----------------------------------- EXHIBIT-P1:
TRUE COPY OF THE F.I.R.NO.300/2014 DATED 25.03.2014 OF THE KADAKKAVOOR POLICE STATION.
EXHIBIT-P2:
TRUE COPY OF THE ORDER DATED 26.04.2014 PASSED BY THE SESSIONS COURT, THIRUVANANTHAPURAM IN CR.M.C.NO.927 OF 2014.
EXHIBIT-P3:
TRUE COPY OF THE F.I.R.NO.553/2014 DATED 22.06.2014 OF THE KADAKKAVOOR POLICE STATION.
EXHIBIT-P4:
TRUE COPY OF THE ORDER DATED 25.06.2014 PASSED BY THIS HONOURABLE COURT IN BAIL APPLN.NO.4409 OF 2014. EXHIBIT-P5:
TRUE COPY OF THE TREATMENT CARD O.P.NO.137432 DATED 28.06.2014 OF THE TALUK HEADQUARTERS HOSPITAL, CHIRAYUINKIZHU.
EXHIBIT-P6:
TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE DISTRICT POLICE AUTHORITY, THIRUVANANTHAPURAM DATED 09.07.2014.
EXHIBIT-P7:
TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE 2ND REESPONDENT DATED 09.07.2014.
RESPONDENTS' EXHIBITS ------------------------------------- NIL // TRUE COPY // P.A. TO JUDGE SD
P. UBAID, J.
--------------------------------------- W.P.(C)No.19024 of 2014 --------------------------------------- Dated this the 25 th day of March, 2015
JUDGMENT
The writ petitioner seeks a direction for investigation by the Crime Branch in two crimes registered against him by the Kadakkavur Police. The main offence involved in two crimes is under Section 354 IPC. Now, there is report from the Sub Inspector, Kadakkavur that investigation is already over in the two crimes, and that the police has submitted final report in the two crimes in court. In such a situation, there is no scope for a direction as sought by the writ petitioner. He can pursue appropriate relief possible under the law as regards final report submitted by the police. If he is, in any manner, aggrieved by the final report, he can file proper proceeding in the court below.
2. The writ petitioner has a further grievance that he was harassed by the police officer during investigation. If he has such a grievance, he will have to make appropriate complaint before the proper authority for necessary action against the police officer. Such a grievance cannot be dealt with here, where the relief sought is only regarding investigation in the two crimes.
W.P.(C)No.19024 of 2014 In the result, the report submitted by the Sub Inspector of Police, Kadakkavur is recorded, and the writ petition is closed without prejudice to the right of the petitioner to pursue appropriate remedy under the Code of Criminal Procedure as regards the final report, if he is, in any manner, aggrieved by the final report.
Sd/- P. UBAID, JUDGE sd