Dharmendra Mittal v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA MONDAY, THE 7TH DAY OF SEPTEMBER 2015/16TH BHADRA, 1937 WP(C).No. 21216 of 2014 (B) ---------------------------- PETITIONER:

------------------- DHARMENDRA MITTAL, S/O.MR.NARENDRA PRAKASH MITTAL, PERMANENT RESIDENT OF FLAT NO. 404, FLOOR NO. 4, AKSHAY REGENCY OPP.DHANDE HOSPITAL, PLOT NO.44, HILL ROAD MUMBAI, MAHARASHTRA, PIN - 440 010 AND NOW AT NO. 14B, LOWER WEST, KLASSIC BENCH MARK, MAMANAHALLIL HOBIL, OPP. SOS VILLAGE, BENERGHATTA ROAD, BANGALORE. BY ADVS.SRI.SHERRY J. THOMAS SMT.THAMANA BAI RESPONDENT(S):

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1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, MINISTRY OF HOME AFFAIRS, SECRETARIAT, THIRUVANANTHAPUAM - 695 001.

2. DIRECTOR GENERAL OF POLICE, KERALA POLICE, THIRUVANANTHAPURAM - 695 010.

3. COMMISSIONER OF POLICE, KOCHI CITY, ERNAKULAM - 682 011.

4. SUB INSPECTOR OF POLICE, PALARIVATTOM POLICE STATION, PALARIVATTOM, ERNAKULAM.

5. DIXON T.R, THE TATA AIG LIFE INSURANCE COMPANY LTD., ERNAKULAM BRANCH, 2ND FLOOR, SR PLAZA, OPP. PALARIVATTOM POLICE STATION, PALARIVATTOM P.O., KOCHI - 682 025.

6. NELSON A.J, THE TATA AIG LIFE INSURANCE COMPANCY LTD., ERNAKULAM BRANCH, 2ND FLOOR, SR PLAZA, OPP. PALARIVATTOM POLICE STATION, PALARIAVATTOM P.O. KOCHI - 682 025.

R1 TO R 4 BY STATE ATTORNEY SRI.P.VIJAYARAGHAVAN BY ADV. SRI..A.ABDUL SHUKOOR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

mbr/

WP(C).No. 21216 of 2014 (B) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:

------------------------------------- P1 - THE TRUE COPY OF THE FIR NO. 787/2012 OF PALARIVATTOM POLICE STATION.

P2 - THE TRUE COPY OF THE CMP 980/2012 FILED BY THE PETITIONER BEFORE THE JFM COURT, ERNAKULAM.

P3 - THE TRUE COPY OF THE REPLY RECEIVED FROM THE FORENSIC SCIENCE LABORATORY, THIRUVANANTHAPURAM.

P4 - THE TRUE COPY OF THE INTERIM ORDER DT. 01.6.12 OF THIS HONOURABLE COURT.

RESPONDENT(S)' EXHIBITS & ANNEXURES:

-------------------------------------------------------------- ANNEXURE R4(A) :

TRUE COPY OF THE LETTER NO.B1-8247/FSL/2014 DATED 31.10.2014 ALONG WITH REPORT.

ANNEXURE R4(B) :

TRUE COPY OF THE LETTER DATED 17.11.2014 OF S.I. PALARIAVATTOM TO DIRECTOR FSL, TRIVANDRUM.

ANNEXURE R4(C) :

TRUE COPY OF THE LETTER NO.8247/FSL/2014 DATED 24.11.2014.

//TRUE COPY// P.S. TO JUDGE mbr/

B. KEMAL PASHA, J.

````````````````````````````````````````````````````````````` W.P.(C) No.21216 of 2014 B ````````````````````````````````````````````````````````````` Dated this the 7th day of September, 2015

J U D G M E N T

~ ~ ~ ~ ~ ~ ~ ~ ~ It has been reported from the Forensic Science Laboratory that it would be advantageous if any contemporaneous document containing the admitted signatures are produced. Over and above it, some more specimen signatures were also demanded. It seems that the petitioner has approached the investigating officer and has furnished all further specimen signatures as required. Over and above it, the petitioner could produce only a photocopy, which is the certified copy of a document containing the admitted signatures. No other documents are available to show the admitted signatures of the contemporaneous period. Matters being so, the investigating officer is directed to send the specimen signatures as well as the copy of the document contained

WPC.21216/2014 : 2 :

the admitted signature, as no other documents are available. The investigation shall be completed and final report shall be filed within a period of six months from the date of receipt of the report from the Forensic Science Laboratory.

With the said directions, this writ petition is closed. Sd/- (B.KEMAL PASHA, JUDGE) aks/07/09 // True Copy // PA to Judge