Kerala High Court
Unknown vs By Advs.Sri.R.Sunil Kumar on 12 January, 2018
Author: B. Kemal Pasha
Bench: B.Kemal Pasha
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA
FRIDAY, THE 12TH DAY OF JANUARY 2018 / 22ND POUSHA, 1939
WP(C).No. 39622 of 2017
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PETITIONER
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HARIKRISHNAN,
AGED 51 YEARS, S/O BALAKRISHNAN PILLAI,
MUNDAKKAL THEKKETHIL,
KUDASSANADU, ALAPPUZHA.
BY ADVS.SRI.R.SUNIL KUMAR
SMT.A.SALINI LAL
RESPONDENT(S):
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1. DIRECTOR GENERAL OF POLICE,
OFFICE OF THE POLICE HEADQUARTERS,
VELLAYAMBALAM P.O,
THIRUVANANTHAPURAM-695010.
2. ASSISTANT SUPERINTEND OF POLICE,
POLICE SUPERINTEND OFFICE,
CHENGANOOR, ALAPPUZHA -689121.
3. INSPECTOR OF POLICE,
OFFICE OF INSPECTOR OF POLICE,
MAVEKLIKKARA, ALAPPUZHA -690101
BY PUBLIC PROSECUTOR SRI C.S.HRITHWICK
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12-01-2018,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
K.V.
WP(C).No. 39622 of 2017 (C)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXHIBIT P1 COPY OF THE FIR AND FIS IN CRIME NO:397/2011 OF
NOORANAD POLICE STATION.
EXHIBIT P2 COPY OF THE COMPLAINT FILED BEFORE JFMC,
MAVELIKKARA.
EXHIBIT P3 COPY OF JUDGMENT IN WPC 2881/2013
EXHIBIT P4 COPY OF THE FINAL REPORT IN CRIME NO. 397/2011 OF
NOORANAD POLICE STATION.
EXHIBIT P5 COPY OF THE 161 STATEMENT OF UNNITHAN IN CRIME
NO. 397/2011
EXHIBIT P6 COPY OF THE 161 STATEMENT OF VIKRAMAN IN CRIME
NO. 397/2011
EXHIBIT P7 COPY OF THE 161 STATEMENT OF IDUKKULA IN CRIME
NO. 397/2011
EXHIBIT P8 COPY OF THE 164 STATEMENT OF UNNITHAN IN CRIME
NO. 397/2011
EXHIBIT P9 COPY OF THE 164 STATEMENT OF VIKRAMAN IN CRIME
NO. 397/2011
EXHIBIT P10 COPY OF THE 164 STATEMENT OF IDUKKULA IN CRIME
NO. 397/2011
EXHIBIT P11 COPY FO THE CMP 1404/2015 BEFORE JFCM COURT,
MAVELIKKARA
EXHIBIT P12 COPY OF THE ORDER IN CMP NUMBER 1404/2015 JFCM
COURT, MAVELIKKARA.
EXHIBIT P13 COPY OF ORDER IN CP NUMBER 44/14 JFCM COURT,
MAVELIKKARA.
EXHIBIT P14 COPY OF THE REPRESENTATION BEFORE DGP
EXHIBIT P15 COPY OF POSTAL RECEIPT.
RESPONDENTS EXHIBITS: NIL
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/TRUE COPY/
K.V. P.S.TO JUDGE
B. KEMAL PASHA, J.
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W.P.(C) No. 39622 of 2017
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Dated this the 12th day of January, 2018
J U D G M E N T
This is a case wherein the petitioner, who is the defacto complainant in Crime No.397/2011 of the Nooranad Police Station, was brutally attacked and a series of grievous hurts were caused. The local police, initially, were hands in gloves with the accused, which necessitated a further investigation in the case, after the filing of the final report. Thereafter, a supplementary final report was filed. The matters have become worst after that.
2. The investigating officer has identified that the first accused gave a quotation to a gang of goondas, who are some of the accused who attacked the petitioner, and the money was also paid. The money was allegedly paid to A11 by CWs.6, 7 and 8. Even though the said amount was paid, even according to the investigating officer, by CWs.6, W.P.(C) 39622 of 2017 -: 2 :- 7 and 8, it is quite unfortunate that the said persons are remaining as charge witnesses and not as accused, even though they have to be treated as participis criminis.
3. From the above, it has come out that such serious blunders have been committed knowingly or unknowingly in the matter, which necessarily demand a re- investigation in the matter. Matters being so, the present final report is only to be quashed and a re-investigation in the matter has to be ordered.
In the result, this Writ Petition is disposed of by quashing the present final report and ordering a re- investigation in the matter forthwith.
Sd/- B. KEMAL PASHA, JUDGE.
ul/-
[True copy] P.S. to Judge.