Kerala High Court
Muhammed Hassan vs State Of Kerala on 31 July, 2018
Author: K.Abraham Mathew
Bench: K.Abraham Mathew
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW
TUESDAY, THE 31ST DAY OF JULY 2018 / 9TH SRAVANA, 1940
WP(C).No. 11734 of 2018
PETITIONER(S) :-
MUHAMMED HASSAN,
AGED 30 YEARS,S/O.MUHAMMED,PADINAJARECHALIL HOUSE,
PUNNAMATTOM,ENANELLORE.P.O,MUVATTUPUZHA,ERNAKULAM
DISTRICT.
BY ADVS.SRI.M.A.ABDUL HAKHIM
SRI.JOSEPH GEORGE (KANNAMPUZHA)
RESPONDENT(S):-
1. STATE OF KERALA,
REPRESENTED BY THE SECRETARY,HOME DEPARTMENT,
SECRETARIAT,THIRUVANANTHAPURAM.
2. STATE POLICE CHIEF,
POLICE HEAD QUARTERS,THIRUVANANTHAPURAM.
3. DISTRICT POLICE SUPERINTENDENT,
(ERNAKULAM RURAL),ALUVA.
4. CIRCLE INSPECTOR OF POLICE,
KALLOORKKAD,ERNAKULAM DISTRICT.
5. SUB INSPECTOR OF POLICE,
POTHANIKKAD POLICE STATION,POTHANIKKAD,
ERNAKULAM DISTRICT.
6. SHAJAHAN.P.A,
S/O.ALIYAR,PADINJARECHALIL HOUSE,ERANELLORE.P.O,
MUVATTUPUZHA,ERNAKULAM DISTRICT,PIN-688673.
7. SHANAVAS.P.A,
S/O.ALIYAR,PADINJARECHALIL HOUSE,ERANELLORE.P.O,
MUVATTUPUZHA,ERNAKULAM DISTRICT,PIN-686673.
8. SIRSHA,
W/O.SHAJAHAN.P.A,PADINJARECHALIL HOUSE,
ERANELLORE.P.O,MUVATTUPUZHA,ERNAKULAM DISTRICT,
PIN-686673.
R1-R5 BY SRI.C.S.HRITHWIK, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31-07-2018,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 11734 of 2018 (N)
APPENDIX
PETITIONER(S)' EXHIBITS :-
EXHIBIT P-1 A PHOTOSTAT COPY OF THE FIR IN CRIME NO.1086/2017
OF POTHANIKKAD POLICE STATION
EXHIBIT P-2 A PHOTOSTAT COPY OF THE JUDGMENT OF THIS
HON'BLE COURT IN W.P(C)NO.2789/2016
EXHIBIT P-3 A PHOTOSTAT COPY OF THE JUDGMENT OF THIS
HON'BLE COURT IN W.P(C)NO.2789/2016
EXHIBIT P-4 A PHOTOSTAT COPY OF THE ORDER OF THE DISTRICT
COLLECTOR,ERNAKULAM
EXHIBIT P-5 A PHOTOSTAT COPY OF THE ORDER OF THE DISTRICT
COLLECTOR,ERNAKULAM
EXHIBIT P-6 A TRUE PHOTOGRAPH SHOWING THE FLOODING OF
WATER IN KAKKADASSERRY-KALIYAR ROAD.
EXHIBIT P-7 A TRUE PHOTOGRAPH SHOWING THE FLOODING OF
WATER IN KAKKADASSERRY-KALIYAR ROAD
EXHIBIT P-8 A TRUE PHOTOGRAPH SHOWING THE FLOODING OF
WATER IN KAKKADASSERRY-KALIYAR ROAD.
EXHIBIT P-9 A PHOTOSTAT COPY OF THE WOUND CERTIFICATE
ISSUED BY NIRMAL MEDICAL
COLLEGE,MUVATTUPUZHA FOR THE PETITIONER
EXHIBIT P-10 A PHOTOSTAT COPY OF THE WOUND CERTIFICATE
ISSUED BY NIRMALA MEDICAL
COLLEGE,MUVATTUPUZHA FOR YUSUF.T.M,
EXHIBIT P-11 A PHOTOSTAT COPY OF THE WOUND CERTIFICATE
ISSUED BY NIRMALA MEDICAL
COLLEGE,MUVATTUPUZHA
T.M.MAKKAR,S/O.MUHAMMED
EXHIBIT P-12 A PHOTOSTAT COPY OF THE WOUND CERTIFICATE
ISSUED BY NIRMALA MEDICAL
COLLEGE,MUVATTUPUZHA FOR
T.M.MAKKAR,S/O.MOIDEEN
EXHIBIT P-13 A PHOTOSTAT COPY OF THE STATEMENT OF THE
PETITIONER TO THE POLICE
EXHIBIT P-14 A PHOTOSTAT COPY OF THE STATEMENT OF THE 6TH
RESPONDENT TO THE POLICE
EXHIBIT P-15 A PHOTOSTAT COPY OF THE FIR IN CRIME NO.1084/2017
OF POTHANIKKAD POLICE STATION
EXHIBIT P-16(A) A PHOTOSTAT COPY OF THE WOUND CERTIFICATE
ISSUED BY THE GOVERNMENT HOSPITAL,
MUVATTUPUZHA FOR THE 6TH RESPONDENT
WP(C).No. 11734 of 2018 (N)
EXHIBIT P16(B) A PHOTOSTAT COPY OF THE WOUND CERTIFICATE
ISSUED BY THE GOVERNMENT HOSPITAL,
MUVATTUPUZHA FOR THE 7TH RESPONDENT
EXHIBIT 16(C) A PHOTOSTAT COPY OF THE WOUND CERTIFICATE
ISSUED BY THE GOVERNMENT HOSPITAL,
MUVATTUPUZHA FOR SHERIFFA ALIYAR,
MOTHER OF THE RESPONDENTS 6 & 7
EXHIBIT P16(D) A PHOTOSTAT COPY OF THE WOUND CERTIFICATE
ISSUED BY THE GOVERNMENT HOSPITAL,
MUVATTUPUZHA FOR MR.YUSUF
EXHIBIT P17 A PHOTOSTAT COPY OF THE PETITION SUBMITTED BY
THE PETITIONER TO THE KERALA STATE HUMAN RIGHT
COMMISSION
EXHIBIT P18 A PHOTOSTAT COPY OF THE FINAL REPORT SUBMITTED
BY THE 5TH RESPONDENT TO THE HON'BLE JUDICIAL
FIRST CLASS MAGISTRATE NO.II,KOTHAMANGALAM
EXHIBIT P19 A PHOTOSTAT COPY OF THE FINAL REPORT SUBMITTED
BY THE 4TH RESPONDENT TO THE HON'BLE JUDICIAL
FIRST CLASS MAGISTRATE NO.II IN CRIME NO.1086/2017
EXHIBIT P20 A PHOTOSTAT COPY OF THE REPORT SUBMITTED BY
THE 4TH RESPONDENT TO THE HON'BLE JUDICIAL FIRST
CLASS MAGISTRATE COURT NO.II, KOTHAMANGALAM
IN CRIME NO.1086/2017 DELETING THE 8TH RESPONDENT
FROM THE ARRAY OF ACCUSED
EXHIBIT P21 A PHOTOSTAT COPY OF THE SCENE MAHAZAR
PRAPARED BY THE 4TH RESPONDENT IN CRIME
NO.1084/2017
EXHIBIT P22 A PHOTOSTAT COPY OF THE FINAL REPORT SUBMITTED
BY THE 4TH RESPONDENT TO THE HON'BLE JUDICIAL
FIRST CLASS MAGISTRATE COURT NO.II,
KOTHAMANGALAM IN CRIME NO.762/2017
EXHIBIT P23 A PHOTOSTAT COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONER TO THE 3RD
RESPONDENT.
RESPONDENT(S)' EXHIBITS :- NIL
//TRUE COPY//
PA TO JUDGE
SMA
K.ABRAHAM MATHEW, J
------------------- - - - - - - - - - - - - - - - - -
W.P.(C) No. 11734 of 2018
-----------------------------
Dated this the 31st day of July, 2018
JUDGMENT
Learned counsel appearing for the petitioner seeks permission to withdraw this petition with liberty to file protest complaint.
Permission granted. Accordingly this W.P.(C) is dismissed as withdrawn reserving liberty with the petitioner to file protest complaint if he is so advised.
Sd/-
K.ABRAHAM MATHEW, JUDGE //True Copy// PA TO JUDGE SMA