Vijayan v. Sub Inspector Of Police

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA FRIDAY, THE 4TH DAY OF DECEMBER 2015/13TH AGRAHAYANA, 1937 WP(C).No. 34996 of 2015 (Y) ---------------------------- PETITIONER:

------------------- VIJAYAN, AGED 50 YEARS S/O.THAMPI, KAVUVILA VEEDU, LUTHER GIRI ARYANADU VILLAGE, ARYANADU BY ADVS.SRI.THIRUMALA P.K.MANI SRI.D.DIPU RESPONDENTS:

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1. SUB INSPECTOR OF POLICE ARYANADU POLICE STATION, NEDUMANGADU THIRUVANANTHAPURAM 695541

2. CIRCLE INSPECTOR OF PO LICE ARYANADU POLICE STATION, NEDUMANGADU THIRUVANANTHAPURAM 695541

3. DEPUTY SUPERINTENDENT OF POLICE NEDUMANGADU, THIRUVANANTHAPURAM 695541

4. SUPERINTENDENT OF POLICE THIRUVANANTHAPURAM RURAL OFFICE OF THE SUPERINTENDENT OF POLICE THIRUVANANTHAPURAM-695001

5. SECRETARY TO THE GOVERNMENT DEPARTMENT OF HOME, THIRUVANANTHAPURAM 695001

6. STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY THIRUVANANTHAPURAM 695001

7. SUPERINTENDENT OF POLICE CENTRAL BUREAU OF INVESTIGATION, KATHRUKADAVU ERNAKULAM 682011 R BY GOVERNMENT PLEADER SMT.SAREENA GEORGE R7 BY SRI.P.CHANDRASEKHARA PILLAI, C.B.I.

BY N.NAGARESH, ASG THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 34996 of 2015 (Y) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1:-TRUE COPY OF THE FIR NO 1025/2014 OF ARYANADU POLICE STATION DTD 19/8/2014 P2:-TRUE COPY OF THE POSTMORTEM CERTIFICATE DTD 28/10/2014 OF THE DECEASED VINEETH P3:-TRUE COPY OF THE INQUEST REPORT OF THE DECEASED VINEETH P4:-TRUE COPY OF THE PHOTOGRAPHS OF THE DECEASED VINEETH WHICH SHOWS THE INJURY ON HIS PRIVATE PART P5:_TRUE COPY OF THE FINAL REPORT DTD 31/10/2014 P6:-TRUE COPY OF THE PETITION FILED BY PETITIONER BEFORE THE HON'BLE MINISTER FOR HOMES DEPARTMENT ON 30/12/2014 P7:-TRUE COPY OF THE PETITION FILED BY PETITIONER BEFORE THE CIRCLE INSPECTOR OF POLICE, ARYANADU DTD 26/11/2014 RESPONDENT(S)' EXHIBITS : NIL --------------------------------------- // True Copy // PA to Judge

B. KEMAL PASHA, J.

````````````````````````````````````````````````````````````` W.P.(C) No.34996 of 2015 Y ````````````````````````````````````````````````````````````` Dated this the 4th day of December, 2015

J U D G M E N T

~ ~ ~ ~ ~ ~ ~ ~ ~ Learned Public Prosecutor submits that a further investigation has already been ordered in the matter and the further investigation is about to be commenced by the Inspector of Police, Aryanad. Even prior to that, the Case Diary was called for by the Lokayukta and the Case Diary has been produced before the Lokayukta. The same has not yet been returned. On getting back the Case Diary, the concerned officer, who is entrusted with the further investigation, will conduct a further investigation.

Recording the said submission, the present writ petition is closed. It is made clear that in case of any further grievance in the matter, the petitioner is free to approach this Court again. Sd/- (B.KEMAL PASHA, JUDGE) aks/04/12 // True Copy // PA to Judge