High Court of KeralaWP(C)/22971/2013closed

J.S. Monimon v. State Of Kerala

2015-04-06Honourable Mr. Justice P.Ubaid3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE P.UBAID MONDAY, THE 6TH DAY OF APRIL 2015/16TH CHAITHRA, 1937 WP(C).No. 22971 of 2013 (V) ---------------------------- PETITIONERS:

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1. MONIMON, AGED 42 YEARS, S/O.SIMSON, VASANTHA BHAVAN, MUNDAPLAVILA, NELIKKAKUZHY, KANJIRAMKUZHI, THIRUVANANTHAPURAM.

2. MINI C.CHACKO, AGED 38 YEARS, W/O.MONIMON, VASANTHA BHAVAN, MUNDAPLAVILA, NELIKKAKUZHY, KANJIRAMKUZHI, THIRUVANANTHAPURAM. BY ADV. SRI.E.S.ASHRAF RESPONDENTS:

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1. STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY HOME GOVT.SECRETARIAT, THIRUVANANTHAPURAM.

2. THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM.

3. SRI.RUSTOM, DY.S.P.NEYYATTINKARA, THIRUVANANTHAPURAM.

4. SUB INSPECTOR OF POLICE KANJIRAMKULAM POLICE STATION, THIRUVANANTHAPURAM.

* Addl.5.

JOHN DAS S/O.DASAYYAN, DAS BHAVAN, PONGIL, VENPAKAL, ATHIYANNOOR, MULLUVILA, NEYYATTINKARA, THIRUVANANTHAPURAM.

ADDL. R5 IS IMPLEADED AS PER ORDER DATED 26/08/2014 IN IA 11786/2014.

BY GOVERNMENT PLEADER SMT.P.MAYA R5 BY ADV. SRI.V.G.ARUN (NEYYATTINKARA) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 22971 of 2013 (V) ---------------------------- APPENDIX PETITIONERS' EXHIBITS:

-------------------- EXHIBIT P1 : COPY OF THE PETITION SUBMITTED TO R4. EXHIBIT P2 : COPY OF THE NEWS ITEM PUBLISHED IN DESHABHIMANI DAILY DT.25-10-2012.

EXHIBIT P3 : COPY OF THE PETITION SUBMITTED TO THE A.D.G.P. (SOUTH ZONE).

EXHIBIT P4 : COPY OF THE FIR IN CRIME NO.30/2013 OF THE KANJIRAMKULAM POLICE STATION.

EXHIBIT P5 : COPY OF THE COMPLAINT GIVEN TO THE HOME MINISTER OF KERALA DT.23-5-2013.

RESPONDENTS' EXHIBITS --------------------- NIL //TRUE COPY// P.A TO JUDGE ab

P.UBAID, J.

--------------------------------------- W.P(C) No.22971 of 2013 --------------------------------------- Dated this the 6th day of April, 2015

J U D G M E N T

The petitioners herein are the victims of offence in Crime No.30/2013 of the Kanjiramkulam Police Station, registered under Section 420 of the Indian Penal Code, Section 4 of the Kerala Money Laundring Act, and under Sections 13 and 17 of the Kerala Money Lenders Act. The prayer essentially in the writ petition is for a writ of mandamus directing effective investigation. Ext.P4 is copy of the FIR registered by the police. The petitioners want somebody superior to the 3rd respondent, to conduct investigation and submit final report. Now there is a report that investigation is already over, and the police has already submitted final report in Court. The apprehension of the petitioners, when they brought this writ petition, was that the police will wrongly or maliciously refer the crime.

Now, I find that the petitioners grievance stands redressed. The police has already submitted final report in Court, and it is now pending before the Judicial First Class Magistrate Court III, Neyyattinkara. In the above circumstances this writ petition can be closed. Accordingly, this writ petition is closed.

P.UBAID JUDGE ab