Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN WEDNESDAY, THE 27TH DAY OF SEPTEMBER 2023 / 5TH ASWINA, 1945 WP(CRL.) NO. 457 OF 2022 PETITIONERS: 1 CHANCHAL AGED 20 YEARS CHANCHAL, AGED 20 YEARS, D/O. SABU, KALARIKKAL HOUSE,EDAKKADUPARAMBU, COMBARA, ERNAKULAM DISTRICT, PIN - 682 018, PIN - 682018 2 SABU K X AGED 46 YEARS SABU K.X, S/O. K.D. XAVIER, KALARIKKAL HOUSE, EDAKKADUPARAMBU, COMBARA, ERNAKULAM DISTRICT., PIN - BY ADVS. SHERRY J. THOMAS JOEMON ANTONY SYABILY P.S. RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY SECRETARY TO HOME DEPARTMENT, SECRETARIATE, GROUND FLOOR, THIRUVANANTHAPURAM - 695 001., PIN - 695001 2 THE DIRECTOR GENERAL OF POLICE THE DIRECTOR GENERAL OF POLICE, STATE POLICE HEADQUARTERS, VELLAYAMBALAM, THIRUVANANTHAPURAM., PIN - 3 THE CITY POLICE COMMISSIONER COMMISSIONER OFFICE,WALKWAY,MARINE DRIVE,ERNAKULAM,KERALA, PIN - 682011 4 THE ASSISTANT COMMISSIONER OF POLICE, TRAFFIC THE ASSISTANT COMMISSIONER OF POLICE, TRAFFIC ASSISTANT COMMISSIONER OFFICE, ERNAKULAM NORTH, ERNAKULAM, KERALA., PIN - 682018 5 THE STATION HOUSE OFFICER, ERNAKULAM TOWN NORTH POLICE STATION, KACHERIPADY, ERNAKULAM. THE STATION HOUSE OFFICER, ERNAKULAM TOWN NORTH POLICE STATION, KACHERIPADY, ERNAKULAM, PIN - BY ADV PUBLIC PROSECUTOR OTHER PRESENT: SREEJA. V PP THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 27.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.V.KUNHIKRISHNAN --------------------- --------------------------- Dated this the 27th day of September, 2023
JUDGMENT
This writ petition (criminal) is filed with the following prayers:- “i) Issue a writ of mandamus, any other writ, appropriate order or direction, directing the 5th Respondent Station House Officer to conduct thorough investigation and find out the offending vehicle at the earliest. ii) Issue a writ of mandamus, any other writ, appropriate order directing the Respondent 2 to 4 to monitor investigation and trace out the vehicle and conduct proper investigation. iii) Provide cost of the proceedings.” (SIC)
2. Today, when the matter came up for consideration,
the learned Public Prosecutor submitted that the final report in Crime No.357/2022 of Ernakulam North Police Station is filed before the Additional Chief Judicial Magistrate Court, Ernakulam on 23.08.2023. If that is the case, the petitioners have to take appropriate steps, in accordance with law, if they are aggrieved by the investigation. Granting liberty to the petitioners to take appropriate steps in accordance with law, if they are aggrieved by the investigation, this writ petition is closed. Sd/- P.V.KUNHIKRISHNAN JUDGE bng APPENDIX OF WP(CRL.) 457/2022 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF FIRST INFORMATION REPORT DATED 6-3-2022. Exhibit P 2 THE TRUE COPY OF THE PETITION IS SENT TO THE CHIEF MINISTER DATED 13-4-2022. Exhibit P3 THE TRUE COPY OF THE PETITION TO THE WOMEN'S COMMISSION DATED 13-4-2022 Exhibit P4 . THE TRUE COPY OF THE LETTER DATED 21- 4-2022 SUBMITTED BEFORE THE CHAIRMAN OF LEGISLATIVE PETITION COMMITTEE.
Exhibit P5 THE TRUE COPY OF THE DISCHARGE SUMMARY
OF THE 1ST PETITIONER DATED 11-3-2022.
Exhibit P5A THE TRUE COPY OF THE DISCHARGE SUMMARY
OF THE 2NDPETITIONER DATED 11-3-2022.