Kamalasanan Vs. Director General of Police - Court Judgment

SooperKanoon Citationsooperkanoon.com/1012443
CourtKerala High Court
Decided OnDec-31-2012
JudgeHONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR
AppellantKamalasanan
RespondentDirector General of Police
Excerpt:
in the high court of kerala at ernakulam present: the honourable mr.justice t.r.ramachandran nair monday, the 31st day of december 2012 10th pousha 193 wp(c).no. 27222 of 2012 (c) --------------------------- petitioner: ----------- kamalasanan, usha bhavan, sivalayakonam, punnamoodu, pallichal p.o., neyyattinkara by advs.sri.pirappancode v.s.sudhir sri.jelson j.edampadam respondent(s): -------------- 1. director general of police, thiruvananthapuram-695 001.2. sub inspector of police, kadakkal police station, kadakkal-69”3. r.selvakumari, cherukulappattu veedu, bhagavathinada p.o., balaramapuram, thiruvananthapuram-695032. by smt.v.h.jasmine, government pleader this writ petition (civil) having come up for admission on 31-12-2012, the court on the same day delivered the following: as wp(c).no. 27222 of 2012 appendix petitioner(s) exhibits: ext.p1: true copy of the sale deed dated 25 10-2010 of sro balaramapuram. ext.p2: true copy of the cheque dated 25 10-2010 of the state bank of travancore balaramapuram. ext.p3: true copy of the notice dated 6 08-2011 issued by the 2nd respondent to the petitioner to appear before him on 10-08- 2011 at kadakkal police station in connection with crime no 173/2011. ext.p4: true copy of the reply notice issued by the petitioner to the 2nd respondent. ext.p5: true copy of the fir in crime no 173/2011 of kadakkal police station, kollam. ext.p6: true copy of the complaint filed by the 3rd respondent before the 1st respondent along with the forwarding letter of the 1st respondent. ext.p7: true copy of the representation dated 19 09-2012 filed by the petitioner before the 1st respondent. respondents' exhibits: nil /true copy/ p.a.to judge as t.r. ramachandran nair, j.--------------------------------------- w.p.(c) no.27222 of 201.--------------------------------------- dated this the 31st day of december, 2012. judgment this writ petition is filed by the petitioner seeking for a direction to consider ext.p7 representation stated to have been filed before the 1st respondent.2. heard the learned counsel for the petitioner and the learned public prosecutor appearing for the respondents 1 and 2.3. it is a case where the petitioner contends that ext.p6 complaint does not disclose any offence against the petitioner as it does not contain any specific allegation. even though by ext.p5, a crime has been registered, the petitioner points out that the innocence of the petitioner can be proved if ext.p7 representation is considered.4. learned public prosecutor submitted that already a charge has been laid in november 2011 and the case is numbered as c.c.no.1008/2011 before the judicial first class magistrate court, kottarakkara. w.p.(c) no.27222/2012 2 in the light of the above, leaving open the remedy of the petitioner to assail the charge, this writ petition is disposed of. t.r. ramachandran nair judge smp
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 31ST DAY OF DECEMBER 2012 10TH POUSHA 193 WP(C).No. 27222 of 2012 (C) --------------------------- PETITIONER: ----------- KAMALASANAN, USHA BHAVAN, SIVALAYAKONAM, PUNNAMOODU, PALLICHAL P.O., NEYYATTINKARA BY ADVS.SRI.PIRAPPANCODE V.S.SUDHIR SRI.JELSON J.EDAMPADAM RESPONDENT(S): -------------- 1. DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM-695 001.

2. SUB INSPECTOR OF POLICE, KADAKKAL POLICE STATION, KADAKKAL-69”

3. R.SELVAKUMARI, CHERUKULAPPATTU VEEDU, BHAGAVATHINADA P.O., BALARAMAPURAM, THIRUVANANTHAPURAM-695032. BY SMT.V.H.JASMINE, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31-12-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: AS WP(C).No. 27222 of 2012 APPENDIX PETITIONER(S) EXHIBITS: EXT.P1: TRUE COPY OF THE SALE DEED DATED 25 10-2010 OF SRO BALARAMAPURAM. EXT.P2: TRUE COPY OF THE CHEQUE DATED 25 10-2010 OF THE STATE BANK OF TRAVANCORE BALARAMAPURAM. EXT.P3: TRUE COPY OF THE NOTICE DATED 6 08-2011 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER TO APPEAR BEFORE HIM ON 10-08- 2011 AT KADAKKAL POLICE STATION IN CONNECTION WITH CRIME NO 173/2011. EXT.P4: TRUE COPY OF THE REPLY NOTICE ISSUED BY THE PETITIONER TO THE 2ND RESPONDENT. EXT.P5: TRUE COPY OF THE FIR IN CRIME NO 173/2011 OF KADAKKAL POLICE STATION, KOLLAM. EXT.P6: TRUE COPY OF THE COMPLAINT FILED BY THE 3RD RESPONDENT BEFORE THE 1ST RESPONDENT ALONG WITH THE FORWARDING LETTER OF THE 1ST RESPONDENT. EXT.P7: TRUE COPY OF THE REPRESENTATION DATED 19 09-2012 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. RESPONDENTS' EXHIBITS: NIL /TRUE COPY/ P.A.TO JUDGE AS T.R. RAMACHANDRAN NAIR, J.

--------------------------------------- W.P.(C) No.27222 OF 201.--------------------------------------- Dated this the 31st day of December, 2012. JUDGMENT

This writ petition is filed by the petitioner seeking for a direction to consider Ext.P7 representation stated to have been filed before the 1st respondent.

2. Heard the learned counsel for the petitioner and the learned Public Prosecutor appearing for the respondents 1 and 2.

3. It is a case where the petitioner contends that Ext.P6 complaint does not disclose any offence against the petitioner as it does not contain any specific allegation. Even though by Ext.P5, a crime has been registered, the petitioner points out that the innocence of the petitioner can be proved if Ext.P7 representation is considered.

4. Learned Public Prosecutor submitted that already a charge has been laid in November 2011 and the case is numbered as C.C.No.1008/2011 before the Judicial First Class Magistrate Court, Kottarakkara. W.P.(C) No.27222/2012 2 In the light of the above, leaving open the remedy of the petitioner to assail the charge, this writ petition is disposed of. T.R. RAMACHANDRAN NAIR JUDGE smp