Kerala High Court
Thomas Vadakkekunnel vs T.Pradeep Kumar on 11 January, 2016
Author: B. Kemal Pasha
Bench: B.Kemal Pasha
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA
MONDAY, THE 11TH DAY OF JANUARY 2016/21ST POUSHA, 1937
WP(C).No. 25579 of 2010 (Q)
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PETITIONER(S):
THOMAS VADAKKEKUNNEL,
VADAKKEKUNNEL HOUSE, KALLIYAR P.O.,
THODUPUZHA.
BY ADVS.SRI.P.VIJAYAKUMAR
SRI.K.M.KURIAN
RESPONDENT(S):
1. T.PRADEEP KUMAR,
D.F.O SANDAL DIVISION, MARAYUR,
NOW WORKING AS D.F.O.,
THIRUVANANTHAPURAM - 695 001.
2. THE DY.S.P. CRIME BRANCH CID,
THODUPUZHA, IDUKKI - 685 584.
3. ADDITIONAL DIRECTOR GENERAL OF POLICE,
(CRIMES) CRIME BRANCH C.I.D. HEAD QUARTERS,
THIRUVANANTHAPURAM - 695 001.
4. THE PRINCIPAL SECRETARY,
FOREST & WILD LIFE DEPARTMENT-I, THIRUVANANTHAPURAM - 695 001.
R1 BY ADV. SRI.S.SREEKUMAR
R2 TO R4 BY SPECIAL PUBLIC PROSECUTOR SRI.MADHAVANKUTTY FOR FOREST.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
11-01-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
rvs.
WP(C).No. 25579 of 2010 (Q)
APPENDIX
PETITIONER(S)' EXHIBITS :
EXT. P1 TRUE COPY OF ORDER OF 4TH RESPONDENT.
EXT. P2 TRUE COPY OF FINAL REPORT.
EXT. P3 TRUE COPY OF ENGLISH TRANSLATION OF RELEVANT PORTION OF CHARGE
SHEET.
EXT. P4 TRUE COPY OF ENGLISH TRANSLATION OF RELEVANT PORTION OF CHARGE
SHEET.
EXT. P5 DEPOSITION OF CW-6.
EXT. P5(A) TRUE COPY OF ENGLISH TRANSLATION OF RELEVANT PORTION OF DEPOSITION
OF CW-6.
EXT. P6 DEPOSITION OF CW-7.
EXT. P6(A) TRUE COPY OF ENGLISH TRANSLATION OF RELEVANT PORTION OF DEPOSITION
OF CW-7.
EXT. P7 DEPOSITION OF CW-9.
EXT. P7(A) TRUE COPY OF ENGLISH TRANSLATION OF RELEVANT PORTION OF DEPOSITION
OF CW-9.
EXT. P8 DEPOSITION OF CW-2.
EXT. P8(A) TRUE COPY OF ENGLISH TRANSLATION OF RELEVANT PORTION OF DEPOSITION
OF CW-2.
EXT. P9 DEPOSITION OF CW-3.
EXT. P9(A) TRUE COPY OF ENGLISH TRANSLATION OF RELEVANT PORTION OF DEPOSITION
OF CW-3.
EXT. P10 DEPOSITION OF CW-4.
EXT. P10(A) TRUE COPY OF ENGLISH TRANSLATION OF RELEVANT PORTION OF DEPOSITION
OF CW-4.
EXT. P11 DEPOSITION OF CW-5.
EXT. P11(A) TRUE COPY OF ENGLISH TRANSLATION OF RELEVANT PORTION OF DEPOSITION
OF CW-5.
WP(C).No. 25579 of 2010 (Q)
EXT. P12 DEPOSITION OF CW-11.
EXT. P12(A) TRUE COPY OF ENGLISH TRANSLATION OF RELEVANT PORTION OF DEPOSITION
OF CW-11.
EXT. P13 DEPOSITION OF CW-31.
EXT. P13(A) TRUE COPY OF ENGLISH TRANSLATION OF RELEVANT PORTION OF DEPOSITION
OF CW-31.
EXT. P14 DEPOSITION OF CW-13.
EXT. P14(A) TRUE COPY OF ENGLISH TRANSLATION OF RELEVANT PORTION OF DEPOSITION
OF CW-13.
EXT. P15 DEPOSITION OF CW-18.
EXT. P15(A) TRUE COPY OF ENGLISH TRANSLATION OF RELEVANT PORTION OF DEPOSITION
OF CW-18.
EXT. P16 DEPOSITION OF CW-1.
EXT. P16(A) TRUE COPY OF ENGLISH TRANSLATION OF RELEVANT PORTION OF DEPOSITION
OF CW-1.
RESPONDENT(S)' EXHIBITS :
NIL.
/TRUE COPY/
P.A.TO JUDGE
rvs.
B. KEMAL PASHA, J.
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W.P.(C).No.25579 of 2010
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Dated this the 11th day of January, 2016
J U D G M E N T
The 1st respondent was the concerned DFO, who was indicted in a case of murder alleging offence punishable under Section 302 IPC etc. The Government has declined sanction for the prosecution of the 1st respondent, who was the then DFO. That is under challenge in this Writ Petition (Civil).
2. The learned Senior Counsel for the 1st respondent has pointed out that presently the 1st respondent is no more and therefore, the charge as against the 1st respondent has abated. It is true that when the 1st respondent is no more, W.P.(C).No.25579 of 2010 -: 2 :- the charge against him shall stand abated. Therefore, any further consideration of the present Writ Petition (Civil) is not required.
Matters being so, this Writ Petition is disposed of by recording the submission of the learned Senior Counsel that the 1st respondent is no more.
Sd/-
B. KEMAL PASHA, JUDGE.
DSV/11/1/16 // True Copy // P.A. To Judge