Ouseph vs State of Kerala - Court Judgment

SooperKanoon Citationsooperkanoon.com/1393987
CourtKerala Orders High Court
Decided OnJan-31-2023
Case NumberCrl.MC/7111/2019
JudgeHonourable Mr. Justice Bechu Kurian Thomas
AppellantOuseph
RespondentState of Kerala
Excerpt:
in the high court of kerala at ernakulampresent the honourable mr. justice bechu kurian thomas tuesday, the 31st day of january 2023 / 11th magha, 1944 crl.mc no. 7111 of 2019 crime no.1974/2013 of town west police station, thrissur against the order/judgmentcc 392/2014 of chief judicial magistrate ,thrissur petitioner/s: ouseph aged 53 years s/o. kochappan, choondal house, valakkavu, mulayam, thrissur district. by adv v.m.krishnakumar respondent/s: 1 state of kerala represented by public prosecutor, high court of kerala, ernakulam, pin - 682 031. 2 the director general of police police head quarters, vazhuthacaud, thiruvananthapuram, pin - 695 014. 3 commissioner of police office of the commissioner of police, thrissur - 680 001. 4 the deputy superintendent of police crime detachment cell, thrissur - 680 003. smt.v.sreeja (pp) this criminal misc. case having come up for admission on 31.01.2023, the court on the same day passed the following:bechu kurian thomas, j.======================== crl.m.c.no.7111 of 2019 ------------------------------------------------ dated this the 31st day of january, 2023orderpetitioner seeks for a direction to the 4th respondent to ensure that proper investigation is carried out in crime no.1974/2013 of thrissur west police station, thrissur.2. a statement has been filed by the station house officer,thrissur west police station, pursuant to direction by this court, stating that initially after investigation, a final report was filed, which was taken cognizance by the learned chief judicial magistrate, thrissur and numbered as c.c.392/2014. subsequently a further investigation was conducted, that too on the request of the petitioner and a further final report was filed, including the further evidence collected. now the case is pending before the court. since an investigation was carried out into crime no.1974/2013 of thrissur west police station, and subsequently a further investigation had also been carried out, the prayer for a direction to ensure proper investigation in the aforesaid crime has become infructuous. accordingly, this crl.m.c. is dismissed as infructuous. sd/ bechu kurian thomas judge jm/
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS TUESDAY, THE 31ST DAY OF JANUARY 2023 / 11TH MAGHA, 1944 CRL.MC NO. 7111 OF 2019 CRIME NO.1974/2013 OF Town West Police Station, Thrissur AGAINST THE ORDER/JUDGMENTCC 392/2014 OF CHIEF JUDICIAL MAGISTRATE ,THRISSUR PETITIONER/S: OUSEPH AGED 53 YEARS S/O. KOCHAPPAN, CHOONDAL HOUSE, VALAKKAVU, MULAYAM, THRISSUR DISTRICT. BY ADV V.M.KRISHNAKUMAR RESPONDENT/S: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682 031. 2 THE DIRECTOR GENERAL OF POLICE POLICE HEAD QUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM, PIN - 695 014. 3 COMMISSIONER OF POLICE OFFICE OF THE COMMISSIONER OF POLICE, THRISSUR - 680 001. 4 THE DEPUTY SUPERINTENDENT OF POLICE CRIME DETACHMENT CELL, THRISSUR - 680 003. SMT.V.SREEJA (PP) THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 31.01.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

BECHU KURIAN THOMAS, J.

======================== Crl.M.C.No.7111 of 2019 ------------------------------------------------ Dated this the 31st day of January, 2023

ORDER

Petitioner seeks for a direction to the 4th respondent to ensure that proper investigation is carried out in Crime No.1974/2013 of Thrissur West Police Station, Thrissur.

2. A statement has been filed by the Station House Officer,

Thrissur West Police Station, pursuant to direction by this Court, stating that initially after investigation, a final report was filed, which was taken cognizance by the learned Chief Judicial Magistrate, Thrissur and numbered as C.C.392/2014. Subsequently a further investigation was conducted, that too on the request of the petitioner and a further final report was filed, including the further evidence collected. Now the case is pending before the court. Since an investigation was carried out into Crime No.1974/2013 of Thrissur West Police Station, and subsequently a further investigation had also been carried out, the prayer for a direction to ensure proper investigation in the aforesaid crime has become infructuous. Accordingly, this Crl.M.C. is dismissed as infructuous. sd/ BECHU KURIAN THOMAS JUDGE jm/