Jayasree Vs. State of Kerala

Jayasree vs State of Kerala

Type Court Judgment Court Kerala Decided Feb 26, 2014

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https://sooperkanoon.com/case/1130937

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Citation: sooperkanoon.com/1130937
Court: Kerala High Court
Judge: Honourable Mr.Justice N.K.Balakrishnan
Decided On: Feb 26, 2014
Subject: Service Tax

Case Summary

AI-generated summary - not the official court judgment text.

Service Tax

Key legal issue: Service Tax

Parties & Advocates

Appellant / Petitioner

Jayasree

Respondent

State of Kerala

Excerpt

.....nil //true copy// p.a. to judge jjj n.k. balakrishnan, j.------------------------------------------ crl.m.c. no. 1133 of 2014 (b) ------------------------------------------ dated this the 26th day of february, 2014 order petitioners are the wife and husband. the incident took place on 05.10.2013 at 10.30 am. there was dispute with regard to digging of a bore well. with respect to the incident, in which the petitioners sustained injuries, crime no. 1050/2013 was registered by kallambalam police, alleging offences under sections 143, 147, 148, 294(b), 341, 323, 324, 354 and 427 r/w 149 of ipc. it is stated that the accused therein had animosity towards the petitioners because of the dispute with regard to the alleged unauthorised digging of bore will.2. another crime was registered against the petitioners and others as crime no. 1087/2013 alleging offences under sections 143, 147, 148, 452, 294(b), 324, 323, 354 and 427 r/w 149 of ipc. crl.m.c. no. 1133/2014 (b) -2- 3. it is submitted by the learned counsel for the petitioners that the investigation is not being properly done. both the case diaries have been made available to me. i have perused the same. investigation is being conducted under the personal supervision of the dy.s.p., attingal.4. the contention that in the crime registered against the respondents section 326 of ipc should have been incorporated, cannot be accepted at this stage as there is nothing to show that any grievous hurt was caused. anyway, that also is a matter to be gone into by the investigating officer. the contention that investigation should be done under the supervision of the superintendent of police, cannot be accepted. court cannot direct that investigation should be done in any particular manner. after going through the case diary, i could not see that any prejudice was shown to one side or that any predilection crl.m.c. no. 1133/2014 (b) -3- was shown to the other. it is submitted that charge sheet.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE N.K.BALAKRISHNAN WEDNESDAY, THE26H DAY OF FEBRUARY20147TH PHALGUNA, 1935 Crl.MC.No. 1133 of 2014 (B) --------------------------- CRIME NO. 1050/2013 OF KALLAMBALAM POLICE STATION , THIRUVANANTHAPURAM PETITIONER(S): -------------------------- 1. JAYASREE, AGED43YEARS, W/O.RAJAN, VILAYIL VEEDU, KARAVARAM P.O THOTTACKADU, THIRUVANANTHAPURAM PIN695605.

2. RAJAN, AGED52YEARS S/O.VIDYADARAN, VILAYIL VEEDU, KARAVARAM P.O THOTTACKADU, THIRUVANANTHAPURAM PIN695605. BY ADVS.SRI.P.HARIDAS SMT.S. SIKKY COMPLAINANT(S): ------------------------------ 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.

2. SUPERINTENDENT OF POLICE (RURAL) THIRUVANANTHAPURAM695001.

3. DEPUTY SUPERINTENDENT OF POLICE ATTINGAL, THIRUVANANTHAPURAM695101.

4. SUB INSPECTOR OF POLICE KALLAMBALAM, THIRUVANANTHAPURAM695101.

5. MOHANAN MANIKANTA VILASAM VEEDU, KARAVARAM P.O THOTTACKADU PIN695605.

6. PRASANNAN MANIKANTA VILASAM VEEDU, KARAVARAM P.O THOTTACKADU PIN695605.

7. PRADEEPAN MANIKANTA VILASAM VEEDU, KARAVARAM P.O THOTTACKADU PIN695605. ...2 Crl.MC.No. 1133 of 2014 (B) -2- 8. DEVADASAN MANIKANTA VILASAM VEEDU, KARAVARAM P.O THOTTACKADU PIN695605.

9. PRIYESH SAROVARAM VEEDU, KARAVARAM P.O, THOTTACKADU PIN695605.

10. MAYA W/O.BABU, SAROVARAM VEEDU, ANDILKONAM KARAVARAM P.O, THOTTACKADU PIN695605. R1 TO R4 BY PUBLIC PROSECUTOR SRI.DHANESH MATHEW MANJOORAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON2602-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No. 1133 of 2014 () --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- ANNEXURE1 COPY OF THE FIR NO.1050/13 OF KALLAMBALAM POLICE STATION DATED1012.13. ANNEXURE2A). COPY OF WOUND CERTIFICATE OF IST PETITIONER DATED0610.13. ANNEXURE2B). COPY OF WOUND CERTIFICATE OF2D PETITIONER DATED0610.13. ANNEXURE3 COPY OF THE FIR NO.1087/13 OF KALLAMBALAM POLICE STATION DATED1810.13. ANNEXURE4A). COPY OF THE LETTER DATED1010.13 FORWARDING THE COMPLAINT TO THE OFFICE OF ADGP. ANNEXURE4B). COPY OF THE REPRESENTATION DATED3010.13 FORWARDED TO ADGP(SZ) ANNEXURE5A). COPY OF NEWS IN MALAYALAM MANORAMA DATED2907.13. ANNEXURE5B). COPY OF NEWS IN MALAYALA MANORAMA DATED0808.13. ANNEXURE6 COPY OF THE ORDER

OF SDM DATED2011.13. RESPONDENT(S)' EXHIBITS --------------------------------------- NIL //TRUE COPY// P.A. TO JUDGE JJJ N.K. BALAKRISHNAN, J.

------------------------------------------ Crl.M.C. No. 1133 of 2014 (B) ------------------------------------------ Dated this the 26th day of February, 2014 ORDER

Petitioners are the wife and husband. The incident took place on 05.10.2013 at 10.30 am. There was dispute with regard to digging of a bore well. With respect to the incident, in which the petitioners sustained injuries, Crime No. 1050/2013 was registered by Kallambalam Police, alleging offences under sections 143, 147, 148, 294(b), 341, 323, 324, 354 and 427 r/w 149 of IPC. It is stated that the accused therein had animosity towards the petitioners because of the dispute with regard to the alleged unauthorised digging of bore will.

2. Another crime was registered against the petitioners and others as Crime No. 1087/2013 alleging offences under sections 143, 147, 148, 452, 294(b), 324, 323, 354 and 427 r/w 149 of IPC. Crl.M.C. No. 1133/2014 (B) -2- 3. It is submitted by the learned counsel for the petitioners that the investigation is not being properly done. Both the case diaries have been made available to me. I have perused the same. Investigation is being conducted under the personal supervision of the Dy.S.P., Attingal.

4. The contention that in the crime registered against the respondents section 326 of IPC should have been incorporated, cannot be accepted at this stage as there is nothing to show that any grievous hurt was caused. Anyway, that also is a matter to be gone into by the Investigating Officer. The contention that investigation should be done under the supervision of the Superintendent of Police, cannot be accepted. Court cannot direct that investigation should be done in any particular manner. After going through the case diary, I could not see that any prejudice was shown to one side or that any predilection Crl.M.C. No. 1133/2014 (B) -3- was shown to the other. It is submitted that charge sheet will be filed at the earliest. If the parties are aggrieved, they can approach the court for appropriate reliefs at that stage. In the result this Criminal M.C. is disposed of as above. Sd/- N.K. BALAKRISHNAN, JUDGE //True Copy// P.A. to judge jjj

Same Court & Year Kerala · 2014 Same Parties Jayasree vs State of Kerala Same Subject Service Tax Same Judge Honourable Mr.Justice N.K.Balakrishnan