High Court of KeralaWP(C)/36345/2015closed

M.L.Augusty v. State Of Kerala

2015-12-01Honourable Mr. Justice B.Kemal Pasha4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA TUESDAY, THE 1ST DAY OF DECEMBER 2015/10TH AGRAHAYANA, 1937 WP(C).No. 36345 of 2015 (P) ---------------------------- PETITIONER:

------------- M.L.AUGUSTY, AGED 52 YEARS S/O.LUKA, MAMPLAL HOUSE, KALTHOTTY P O PIN 685507, IDUKKI DISTRICT BY ADV. SRI.SHAIJAN JOSEPH RESPONDENTS:

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1. STATE OF KERALA DEPARTMENT OF HOME REP BY THE SECRETARY DEPARTMENT OF HOME KERALA GOVERNMENT, SECRETARIAT THIRUVANANTHAPURAM 695001

2. DIRECTOR GENERAL OF POLICE POLICE DIRECTORATE VAZHUTHAKKADU THIRUVANANTHAPURAM , KERALA 695012

3. INSPECTOR GENERAL OF POLICE KERALA POLICE KOCHI RANGE, ERNAKLAM, KOCHI-682018 BY GOVERNMENT PLEADER SMT.MAYA.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 36345 of 2015 (P) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS :

--------------------------- P1:- TRUE COPY OF THE COMPLAINT DTD 30/1/2013 P2:- TRUE COPY OF THE INFORMATION RECEIVED DTD 9/10/2014 P3:- TRUE COPY OF THE PETITION SUBMITTED BEFORE THE HOME MINISTER DTD 10/8/2015 RESPONDENT(S)' EXHIBITS :

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

STU

B.KEMAL PASHA, J.

================ W.P.(C). No. 36345 of 2015 ======================= Dated this the 1st day of December, 2015

JUDGMENT

The petitioner has come up with a request to have a fruitful investigation in the complaint preferred by him. The complaint in short is that when the petitioner appeared at the office of the Dy.S.P, there was a verbal bombing against him by which the petitioner became scared and consequently, he became unconscious. After few minutes, he regained consciousness and then he was provided with drinking water and sent away.

2. In fact, there is no specific allegation that he was criminally intimidated. Further, the allegations in the complaint do not constitute an offence under Section 294(b) IPC also. In case of any such offence, by

W.P.(C). No. 36345 of 2015 -: 2 :- making specific allegations for inviting such offence, the petitioner can approach the concerned Judicial First Class Magistrate's Court with a private complaint to have an investigation in it under Section 156(3) Cr.P.C. Presently, the materials before this Court are not sufficient to direct an investigation in the matter. With the aforesaid liberty to the petitioner, this writ petition is closed.

Sd/- B.KEMAL PASHA, JUDGE stu