S.Girish v. Raji

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN MONDAY, THE 13TH DAY OF JULY 2015/22ND ASHADHA, 1937 WP(C).No. 35498 of 2009 (F) PETITIONER:

S.GIRISH, AGED 35 YEARS, S/O.SIVAN, KIZHAKKEVILAKOM, PANDAKASALA, SERKARA VILLAGE, CHIRAYINKEEZHU, THIRUVANANTHAPURAM.

BY ADV. SRI.E.D.GEORGE RESPONDENTS:

1.

RAJI, WOMAN CONSTABLE, CHIRAYINKEEZHU POLICE STATION, CHIRAYINKEEZHU, TRIVANDRUM.

2.

MUKESH.S, SUB INSPECTOR OF POLICE, CHIRAYINKEEZHU POLICE STATION, CHIRAYINKEEZHU, TRIVANDRUM.

3.

SUPERINTENDENT OF POLICE (RURAL), TRIVANDRUM.

R1&2 BY ADVS.SRI.BRIJESH MOHAN, SMT.RESMI G. NAIR R3 BY GOVERNMENT PLEADER SRI.S.JAMAL.

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

PMG.

WP(C).No. 35498 of 2009 (F) APPENDIX PETITIONER'S EXHIBITS:

EXT.P1:

TRUE COPY OF THE TREATMENT CERTIFICATE CUM DISCHARGE SUMMARY.

EXT.P2:

TRUE COPY OF THE COMPLAINT BEFORE THE SUPERINTENDENT OF POLICE AND HOME MINISTER.

EXT.P3:

TRUE COPY OF LETTER RECEIVED FROM THE CHIEF MINISTER. RESPONDENTS' EXHIBITS: NIL.

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

PMG.

K. VINOD CHANDRAN, J.

--------------------------------------- W.P(C). No.35498 of 2009 --------------------------------------- Dated this the 13th day of July, 2015.

JUDGMENT

The petitioner has filed the above writ petition, seeking for consideration of Ext.P2 complaint. Ext.P2 complaint is filed before the Home Minister and the direction sought for is to have it examined by the 3rd respondent. The petitioner should have in fact filed a complaint before the 3rd respondent itself. In any event, the allegations raised, if at all found to be correct, relate to offences under the Indian Penal Code, for which the petitioner should have taken appropriate criminal proceedings at the appropriate time.

The writ petition does not survive and the same is dismissed.

Sd/- K. VINOD CHANDRAN, JUDGE sp