High Court of KeralaWP(C)/23900/2015closed

Ruby Ebanazer v. State Of Kerala

2015-10-01Honourable Mr. Justice B.Kemal Pasha4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA THURSDAY, THE 1ST DAY OF OCTOBER 2015/9TH ASWINA, 1937 ---------------------------- PETITIONER :

------------------ RUBY EBANAZER, PUTHENPARAMBIL VEEDU, ORAPPANKUZHY, KANJIKUZHY, KOTTAYAM (FROM THOPPIL PUTHENVEEDU, PERINGALA MURI, KAYAMKULAM, ALAPPUZHA DISTRICT) BY ADVS.DR.K.P.SATHEESAN (SR.) SRI.P.MOHANDAS (ERNAKULAM) SRI.ANOOP.V.NAIR SRI.S.VIBHEESHANAN RESPONDENTS :

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1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI - 682 031.

2. THE SUB INSPECTOR OF POLICE, KAYAMKULAM POLICE STATION, ALAPPUZHA DISTRICT PIN 690 502.

3. ALEYAMMA OOMMEN PLANTHARAYIL LEENA BHAVANAM, PERINGALA MURI, PERINGALA P.O., KAYAMKULAM, ALAPPUZHA DISTRICT PIN 690 559.

4. G. HARI KAITHAVANA HOUSE, PERINGALA MURI, PERINGALA P.O., KAYAMKULAM, ALAPPUZHA DISTRICT, PIN 690 559.

5. P.T. GEORGE, POLLATHOTTATHIL, PERINGALA MURI, PERINGALA P.O., KAYAMKULAM, ALAPPUZHA DISTRICT, PIN 690 559.

6. T. VISWANATHAN KUTTIYIL VEETTIL, PERINGALA MURI, PERINGALA P.O., KAYAMKULAM, ALAPPUZHA DISTRICT, PIN 690 559.

7. MURALEEDHARAN PILLAI CLERK, C/O. ADV. N.RAVEENDRAN, KAYAMKULAM ALAPPUZHA DISTRICT, PIN 690 502.

8. THE DISTRICT POLICE CHIEF OFFICE OF THE DISTRICT POLICE CHIEF ALAPPUZHA -688001 R1,R2 & R8 BY STATE ATTORNEY SRI. P. VIJAYARAGHAVAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1:

TRUE COPY OF THE PLAINT FILED BY RESPONDENTS 3 TO 7 BEFORE THE MUNSIFFS COURT, KAYAMKULAM AS OS NO.280/2013 DATED 8-7-2013. P2:

TRUE COPY OF THE WILL PRODUCED BY THE RESPONDENTS 3 TO 7 IN OS NO.230/2013 OF THE MUNSIFFS COURT, KAYAMKULAM. P3:

TRUE COPY OF THE DRAFT OF THE WILL.

P4:

TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE'S COURT, KAYAMKULAM AS CMP NO.4497/2014 DATED 4.7.2014.

P5:

TRUE COPY OF THE FIR REGISTERED BY THE 2ND RESPONDENT IN CRIME NO.2145/2014 DATED 8.8.2014 RESPONDENT(S)' EXHIBITS :

NIL.

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

B.KEMAL PASHA, J.

================ W.P.(C) No. 23900 of 2015 ======================= Dated this the 1st day of October, 2015

JUDGMENT

The complaint of the petitioner is the laxity on the part of the Investigating Officer in conducting investigation of Crime No. 2145/2014 of the Kayamkulam Police Station.

2. The Investigating Officer has filed a statement showing the present stage of investigation. It seems that the investigation is going on and presently, application has been filed for obtaining the Will in question for subjecting it to expert examination. On going through the statement filed by the Investigating Officer, it is evident that presently, the investigation is going on swiftly. By expecting proper investigation, this Writ Petition is presently closed. In case of any further laches, it is open to the petitioner to approach this Court again.

Sd/- B.KEMAL PASHA, JUDGE stu