Yamuna v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA MONDAY, THE 16TH DAY OF FEBRUARY 2015/27TH MAGHA, 1936 WP(C).No. 30406 of 2014 (A) ---------------------------- CC. NO.59/2012 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, VAIKOM. ......

PETITIONER(S):

-------------------------- K.P. YAMUNA, D/O.PAPPA, ASHITHABHAVAN HOUSE, PUZHIKKOL LAKSHAMVEEDU COLONY, PUZHIKKOL, KADUTHURUTHY, KOTTAYAM DISTRICT.

BY ADVS.SRI.K.M.SATHYANATHA MENON, SMT.KAVERY S.THAMPI.

RESPONDENT(S):

----------------------------

1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

2. THE SUB INSPECTOR OF POLICE, KADUTHURUTHY POLICE STATION, KADUTHURUTHY, KOTTAYAM DISTRICT, PIN- 686 604.

3. THE CIRCLE INSPECTOR OF POLICE, KADUTHURUTHY, KOTTAYAM DISTRICT, PIN- 686 604.

4. THE DEPUTY SUPERINTENDENT OF POLICE, PALA, KOTTAYAM DISTRICT, PIN- 686 575.

BY SRI.P. VIJAYARAGHAVAN, STATE ATTORNEY.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

rs.

WP(C).No. 30406 of 2014 (A) APPENDIX PETITIONER'S EXHIBITS:- EXHIBIT-P1: TRUE COPY OF THE FIR IN CRIME NO.608/2011 OF KADUTHURUTHY POLICE STATION.

EXHIBIT-P2: TRUE COPY OF THE FINAL REPORT SUBMITTED BY THE POLICE BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, VAIKOM.

RESPONDENT'S EXHIBITS:- NIL.

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

B.KEMAL PASHA, J.

- - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - W.P.(C) No.30406 of 2014 A - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 16th day of February 2015

JUDGMENT

The prayer in this petition is to issue a direction to respondents 3 and 4 to conduct further investigation in crime No.608/2011 by the Kaduthuruthy Police station in C.C. No.59/2012 on the file of Judicial First Class Magistrate's Court, Vaikom and to submit a further final report accordingly.

2. Heard the learned counsel for the petitioner in extentso and the State Attorney for the respondents. I have perused the records also.

3. At present, I do not find any necessity to invoke the powers under Section 173(8) of the Code of Criminal Procedure at the fag-end of this case. The court below shall dispose of the

W.P.(C).30406 /2014 matter, as expeditiously as possible on merits, by considering the evidence.

With the above said directions, this W.P.(C) is closed. Sd/- B.KEMAL PASHA, JUDGE dl // TRUE COPY // PA to Judge