Sathyan v. State Police Chief

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA THURSDAY, THE 3RD DAY OF DECEMBER 2015/12TH AGRAHAYANA, 1937 WP(C).No. 27179 of 2015 (V) ---------------------------- PETITIONER:

----------- SATHYAN, AGED 56 YEARS, S/O.KUNJU, ANANTHAPURI, THOKKATT, VADASSERIKONAM, CHEMMARUTHY VILLAGE, VARKALA, THIRUVANANTHAPURAM DISTRICT.

BY ADVS.SRI.B.MOHANLAL SMT.P.S.PREETHA RESPONDENTS:

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1. STATE POLICE CHIEF, POLICE HEADQARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM-695014.

2. THE DISTRICT POLICE CHIEF, THIRUVANANTHAPURAM RURAL, THIRUVANANTHAPURAM, 695001.

3. THE DEPUTY SUPERINTENDENT OF POLICE, ATTINGAL P.O., THIRUVANANTHAPURAM-695101.

4. THE STATION HOUSE OFFICER, VARKALA POLICE STATION, VARKALA P.O., THIRUVANANTHAPURAM, 695141.

5. SRI.SURESH BABU, S/O.SATHYAPALAN, SARANAM, NEAR KADAKKAVUR RAILWAY STATION, KADAKKAVUR P.O., THIRUVANANTHAPURAM, 695306.

6. SMT.REKHA, D/O.SARASWATHI, MAMPUZHA VEEDU, THOKKATT, VADASSERIKONAM, CHEMMARUTHY VILLAGE, VARKALA, THIRUVANANTHAPURAM, 695141.

R1 TO R4 BY GOVERNMENT PLEADER SMT.MAYA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 27179 of 2015 (V) ---------------------------- APPENDIX PETITIONER'S EXHIBITS :

----------------------- EXHIBIT-P1: COPY OF THE COMPLAINT AND FIR IN CRIME NO.882/2012 OF VARKALA POLICE STATION IN THIRUVANANTHAPURAM DISTRICT. EXHIBIT-P2: COPY OF THE UN REPORT DATED 05/07/2013 SUBMITTED BY THE 4TH RESPONDENT BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE'S COURT, VARKALA.

EXHIBIT-P3: COPY OF THE APPLICATION DATED 13/07/2013 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

RESPONDENTS' EXHIBITS :

----------------------- NIL // True Copy // P.A. To Judge DSV/5/12/15

B. KEMAL PASHA, J.

................................................................ W.P.(C) No. 27179 of 2015 ............................................................... Dated this the 3rd day of December, 2015

J U D G M E N T

The learned Public Prosecutor submits that the investigating officer has filed an application before the Chief Judicial Magistrate's Court, Thiruvananthapuram for a direction for getting certain documents from the Postal Department for the continued investigation in the matter, and so far, no order has been passed on the said application. The learned Chief Judicial Magistrate, Thiruvananthapuram will look into the matter and pass appropriate orders expeditiously.

2.

On hearing the learned counsel for the petitioner and the learned Public Prosecutor, this Court is of the view that when the matter has already been reopened and an

W.P.(C) 27179 of 2015 -: 2 :- investigation is going on, this Writ Petition can be closed with liberty to the petitioner to approach this Court again in case of any further grievance. The investigating officer shall complete the investigation, as expeditiously as possible. In the result, this Writ Petition is closed as above. Sd/- B.KEMAL PASHA, JUDGE ul/- [True copy] P.S. to Judge