Indira vs the Director General of Police (Law and Order)

Indira vs The Director General of Police (Law and Order)

Type Court Judgment Court Kerala Decided Mar 22, 2022

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https://sooperkanoon.com/case/1442212

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Citation: sooperkanoon.com/1442212
Court: Kerala High Court
Judge: Honourable Mrs. Justice Mary Joseph
Decided On: Mar 22, 2022
Case Number: WP(C)/798/2020

Parties & Advocates

Appellant / Petitioner

Indira

Respondent

The Director General of Police (Law and Order)

Excerpt

.....appropriate writ, order or direction to the 1 st respondent to entrust the investigation of crime no.174/2019 of kanakakunnu police station to the 2nd respondent with perpetual monitoring of the 1st respondent and to grant such other reliefs fit to be granted in due course.2. this court has directed the learned public prosecutor toobtain instructions from the investigating officer and file a counter statement. the learned public prosecutor has filed a counter statement alongwith the report of the investigating officer. it has been stated therein that the investigation in the case is over and a factual report closing the investigation and referring the case is prepared and proposed to be filed before the court concerned. it is also stated that notice regarding the filing of the refer report is already served on the defacto complainant. the writ petition has become infructuous in the context, and is liable to be closed. in the result, writ petition is closed being infructuous. sd/- mary joseph judge nab appendix of wp(c) 798/2020 petitioner’s exhibits: exhibit p1 true copy of the complaint dated 31.12.2018. exhibit p2 true copy of the f.i.r. no.174/2019 along with the f.i. statement dated 14.2.2019 of kanakakunnu police station. exhibit p3 true copy of the complaint given to the sc/st commission, thiruvananthapuram dated 27.6.2019. exhibit p4 true copy of the order dated 6.11.2019 of the sc/st commission, thiruvananthapuram. exhibit p5 true copy of the enquiry report dated 22.11.2018. exhibit p6 true copy of the receipt for proper investigation dated 6.11.2019. respondent’s exhibits: nil //true copy// p a to judge

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MRS. JUSTICE MARY JOSEPH TUESDAY, THE 22ND DAY OF MARCH 2022 / 1ST CHAITHRA, 1944 WP(C) NO. 798 OF 2020 PETITIONERS: INDIRA, AGED 50 YEARS, D/O.LAKSHMI, KADAKAMPALLY KIZHAKKETHIL HOUSE, MUTHUKULAM NORTH, KANAKAKUNNU, ALAPPUZHA. BY ADVS.SRI.A.X.VARGHESE SRI.A.V.JOJO RESPONDENTS: 1 THE DIRECTOR GENERAL OF POLICE (LAW AND ORDER) THIRUVANANTHAPURAM, PIN-695 001. 2 THE SUPERINTENDENT OF POLICE, ALAPPUZHA, PIN-688 505. 3 THE DEPUTY SUPERINTENDENT OF POLICE, KAYAMKULAM, PIN-690 502. 4 THE SUB INSPECTOR OF POLICE KANAKAKUNNU POLICE STATION, ALAPPUZHA, PIN-688 001. 5 M.RAJENDRAPRASAD, S/O. LATE MADHAVAN, MADHAVAKRIPA HOUSE, MUTHUKULAM, KANAKAKUNNU, ALAPPUZHA, PIN-690 506. 6 SYAMA, W/O. M.RAJENDRA PRASAD, MADHAVAKRIPA HOUSE, MUTHUKULAM, KANAKAKUNNU, ALAPPUZHA, PIN-690 506. BY SRI.ARAVIND V MATHEW, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Dated this the 22nd day of March, 2022 This Writ Petition is filed seeking for issuance of a Writ of Mandamus or other appropriate writ, order or direction to the 1 st respondent to entrust the investigation of Crime No.174/2019 of Kanakakunnu Police Station to the 2nd respondent with perpetual monitoring of the 1st respondent and to grant such other reliefs fit to be granted in due course.

2. This Court has directed the learned Public Prosecutor to

obtain instructions from the investigating officer and file a counter statement. The learned Public Prosecutor has filed a counter statement alongwith the report of the investigating officer. It has been stated therein that the investigation in the case is over and a factual report closing the investigation and referring the case is prepared and proposed to be filed before the court concerned. It is also stated that notice regarding the filing of the refer report is already served on the defacto complainant. The Writ Petition has become infructuous in the context, and is liable to be closed. In the result, Writ Petition is closed being infructuous. Sd/- MARY JOSEPH JUDGE NAB APPENDIX OF WP(C) 798/2020 PETITIONER’S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE COMPLAINT DATED 31.12.2018. EXHIBIT P2 TRUE COPY OF THE F.I.R. NO.174/2019 ALONG WITH THE F.I. STATEMENT DATED 14.2.2019 OF KANAKAKUNNU POLICE STATION. EXHIBIT P3 TRUE COPY OF THE COMPLAINT GIVEN TO THE SC/ST COMMISSION, THIRUVANANTHAPURAM DATED 27.6.2019. EXHIBIT P4 TRUE COPY OF THE ORDER DATED 6.11.2019 OF THE SC/ST COMMISSION, THIRUVANANTHAPURAM. EXHIBIT P5 TRUE COPY OF THE ENQUIRY REPORT DATED 22.11.2018. EXHIBIT P6 TRUE COPY OF THE RECEIPT FOR PROPER INVESTIGATION DATED 6.11.2019. RESPONDENT’S EXHIBITS: NIL //TRUE COPY// P A TO JUDGE

Same Court & Year Kerala · 2022 Same Parties Indira vs The Director General of Police (Law and Order) Same Judge Honourable Mrs. Justice Mary Joseph