High Court of KeralaWP(C)/31197/2015disposed of

Clemant Fernandez v. Sub Inspector Of Police

2015-10-28Honourable Mr. Justice B.Kemal Pasha3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA WEDNESDAY, THE 28TH DAY OF OCTOBER 2015/6TH KARTHIKA, 1937 WP(C).No. 31197 of 2015 (Y) --------------------------------------- PETITIONER(S):

----------------------- CLEMANT FERNANDEZ, SHERLY COTTAGE, T.C.NO.32/372, KOCHUVELI TTP P.O., THIRUVANANTHAPURAM DISTRICT, PIN-695 021.

BY ADVS.SRI.P.BABU KUMAR SRI.P.YADHU KUMAR SRI.VISHNU BABU RESPONDENT(S):

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

1. SUB INSPECTOR OF POLICE, VALIYATHURA POLICE STATION, THIRUVANANTHAPURAM-695 008.

2. SUPERINTENDENT OF POLICE, CRIME BRANCH, THIRUVANANTHAPURAM-695 008.

3. CICILY MARYKUTTY, T.C. 33/1936, THAIVILAKAM, KOCHUVELI TTP P.O., THIRUVANANTHAPURAM-695 021.

R1 & r2 BY GOVERNMENT PLEADER SMT.MAYA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: msv/

WP(C).No. 31197 of 2015 (Y) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:

-------------------------------------- EXT.P1: TRUE COPY OF THE REPORT OF THE VILLAGE OFFICER, KADAKAMPILLY DTD.30.1.2015.

EXT.P2: TRUE COPY OF THE PRIVATE COMPLAINANT WITHOUT DOCUMENTS DTD.10.8.2015.

EXT.P3: TRUE COPY OF THE FIR NO.1022//2015 OF VALIYATHURA POLICE STATION. RESPONDENT(S)' EXHIBITS:

----------------------------------------- NIL //TRUE COPY// P.S.TO JUDGE Msv/

B. KEMAL PASHA, J.

````````````````````````````````````````````````````````````` W.P.(C) No.31197 of 2015 Y ````````````````````````````````````````````````````````````` Dated this the 28th day of October, 2015

J U D G M E N T

~ ~ ~ ~ ~ ~ ~ ~ ~ The present request of the petitioner, who is the de facto complainant in the crime, is to handover the investigation to the Crime Branch. The crime itself has been registered on 13.08.2015 only. Even without giving a breathing time to the Valiyathura police, the present petition has been filed. The request is too premature. Let the police investigate the matter. In case of any further latches on the part of the investigating officer, the petitioner is free to approach this Court again, at appropriate stage. With the said liberty to the petitioner, this writ petition is disposed of.

Sd/- (B.KEMAL PASHA, JUDGE) aks/28/10 // True Copy // PA to Judge