Johnson V. vs State of Kerala

Type Court Judgment Court Kerala Decided Nov 20, 2023

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Citation: sooperkanoon.com/1332361
Court: Kerala High Court
Judge: Honourable Mr. Justice P.V.Kunhikrishnan
Decided On: Nov 20, 2023
Case Number: WP(Crl.)/56/2022

Parties & Advocates

Appellant / Petitioner

Johnson V.

Respondent

State of Kerala

Excerpt

.....otherappropriate writ order or direction directing to entrust the investigation in the above crime no.3571/2018 of the aluva east police station. to the 2nd respondent. l(d) pass any such interim orders as this hon'ble court may deem fit and proper in the circumstance of the case. (e)reliefs and costs. (sic)2. the main prayer in this case is to quash ext.p2 final report and also issue direction to the second respondent to conduct a proper investigation in ext.p1 crime.3. the learned public prosecutor submitted that aand b charge is submitted against the petitioner and the defacto complainant in this case. the case is pending before the trial court. if that is the case, this court need not interfere with the matter at this stage. all the contentions raised by the petitioner in the writ petition are left open and the petitioner is free to raise the same before the trial court at the appropriate stage. with the above observations, the writ petition is closed. sd/- p.v.kunhikrishnan judge rmm/20/11/2023 appendix of wp(crl.) 56/2022 petitioner exhibits exhibit p1 copy of the f.i.r. in crime no.3571/2018 of the aluva east police station dated 29/12/2018. exhibit p2 copy of the charge sheet in crime no.3571/2018 filed before the hon'ble jfmc-1, aluva. exhibit p3 copy of the petition in op(mv) no.1969/.2019 filed before the hon'ble mact, perumbavoor. exhibit p3a copy of the petitions in and op(mv) no.1968/2019 filed before the hon'ble mact, perumbavoor. exhibit p4 copy of the representation dated respondent. exhibit p4a copy of the receipt dated 12/02/2019 issued form the office of the 2nd respondent for exhibit p4.

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN MONDAY, THE 20TH DAY OF NOVEMBER 2023 / 29TH KARTHIKA, 1945 WP(CRL.) NO. 56 OF 2022 PETITIONER: JOHNSON V. AGED 43 YEARS VETTAPARAMBIL HOUSE, MULAVUKADU NORTH, ERNAKULAM - 682 504. BY ADV R.UMASANKAR RESPONDENT: 1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2 THE SUPERINTENDENT OF POLICE ERNAKULAM RURAL, ERNAKULAM DISTRICT - 682 011. 3 THE STATION HOUSE OFFICER ALUVA EAST POLICE STATION, ERNAKULAM RURAL, ERNAKULAM DISTRICT - 682 301. OTHER PRESENT: SRI.RENJITH.T.R, SENIOR GOVERNMENT PLEADER THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 20.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.V.KUNHIKRISHNAN, J -------------------------------- W.P(Crl.) No.56 of 2022 ------------------------------- Dated this the 20th day of November, 2023

JUDGMENT

This writ petition is filed with the following prayers:-

(a) To call for the record's leading to Exhibit P2 final report in Crime No. 3571 of 2018 of Aluva East Police station and to quash the same by issuing a Writ in the nature of certiorari.

(b) Issue a Writ of Mandamus or such other appropriate

Writ Order or Direction directing the second respondent to conduct a proper Investigation in Exhibit P1 crime case within a time limit fixed by this Honourable Court.

appropriate Writ Order or Direction directing to entrust the investigation in the above Crime No.3571/2018 of the Aluva East Police Station. to the 2nd respondent. L

(d) Pass any such interim orders as this Hon'ble Court may deem fit and proper in the circumstance of the case. (e)Reliefs and Costs. (sic)

2. The main prayer in this case is to quash Ext.P2 final report and also issue direction to the second respondent to conduct a proper investigation in Ext.P1 Crime.

3. The learned Public Prosecutor submitted that A

and B charge is submitted against the petitioner and the defacto complainant in this case. The case is pending before the Trial Court. If that is the case, this Court need not interfere with the matter at this stage. All the contentions raised by the petitioner in the writ petition are left open and the petitioner is free to raise the same before the Trial Court at the appropriate stage. With the above observations, the writ petition is closed. Sd/- P.V.KUNHIKRISHNAN JUDGE rmm/20/11/2023 APPENDIX OF WP(CRL.) 56/2022 PETITIONER EXHIBITS Exhibit P1 COPY OF THE F.I.R. IN CRIME NO.3571/2018 OF THE ALUVA EAST POLICE STATION DATED 29/12/2018. Exhibit P2 COPY OF THE CHARGE SHEET IN CRIME NO.3571/2018 FILED BEFORE THE HON'BLE JFMC-1, ALUVA. Exhibit P3 COPY OF THE PETITION IN OP(MV) NO.1969/.2019 FILED BEFORE THE HON'BLE MACT, PERUMBAVOOR. Exhibit P3A COPY OF THE PETITIONS IN AND OP(MV) NO.1968/2019 FILED BEFORE THE HON'BLE MACT, PERUMBAVOOR. Exhibit P4 COPY OF THE REPRESENTATION DATED RESPONDENT. Exhibit P4A COPY OF THE RECEIPT DATED 12/02/2019 ISSUED FORM THE OFFICE OF THE 2ND RESPONDENT FOR EXHIBIT P4.

Same Court & Year Kerala · 2023 Same Parties Johnson V. vs State of Kerala Same Judge Honourable Mr. Justice P.V.Kunhikrishnan