Kerala High Court
M.K. Sanjeev vs C.B. Yousef on 28 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
THURSDAY, THE 28TH DAY OF JANUARY 2016/8TH MAGHA, 1937
WP(C).No. 23262 of 2015 (G)
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PETITIONER :
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M.K. SANJEEV, S/O.M.A. KESAVAN, SREYAL EXIM,
PROPRIETOR, 37/3591, KALOOR,KOCHI-682 017 &
CHIEF EDITOR, MALAYALA KOCHI DAILY,
KOCHI-17 RESIDING AT 0089/111(5)A4-APARTMENT
FATIMA BUILDING, OPP.GOVT. MODEL ENGINEERIGN COLLEGE
THRIKKAKARA, KOCHI 682 021
NOW RESIDING AT MULACKAL HOUSE,
EAST KORATTY P.O., CHIRANGARA, THRISSUR - 680 308.
BY ADV. SRI.T.N.HAREENDRAN
RESPONDENTS :
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1. C.B. YOUSEF, S/O.BAKKAR,
CHANGARAMOOLAYIL HOUSE, THRIKKAKARA P.O.,
KOCHI-682021.
2. RASHEED, ROYAL SHAKE PARLOUR & BAKERY,
OPP. GOVERNMENT MODEL ENGINEERING COLLEGE
THRIKKAKARA, KOCHI 682 021.
3. M.B. LATHEEF, SUB INSPECTOR OF POLICE,
POLICE STATION, THRIKKAKARA, KAKKANADU,
KOCHI - 682 030 NOW WORKING AS S.I. OF POLICE,
DISTRICT CRIME RECORDS BUREAU, KOTTAYAM - 686001.
4. STATE OF KRALA REPRESENTED BY
SECRETARY TO HOME DEPARTMENT, SECRETARIATE,
THIRUVANANTHAPURAM - 695 001.
R4 BY GOVERNMENT PLEADER SMT. SAREENA GEORGE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 28-01-2016, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
bp
WP(C).No. 23262 of 2015 (G)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXT.P1: TRUE COPY OF COMPLAINT DT 26.11.2011.
EXT.P2: PHOTOCOPY OF POSTAL RECEIPTS DT 26.11.2011
EXT.P3: PHOTO COPY OF REMINDER DT.3.6.2015.
EXT.P4: PHOTO COPY OF POSTAL ACKNOWLEDGMENT CARD DT 5.6.15.
EXT.P5: COPY OF COMPLAINT DT 24/6/2011.
RESPONDENT(S)' EXHIBITS : NIL.
//TRUE COPY//
P.A.TO JUDGE
bp
B. KEMAL PASHA, J.
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W.P.(C).No.23262 of 2015
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Dated this the 28th day of January, 2016
J U D G M E N T
Heard the learned counsel for the petitioner and the learned Public Prosecutor.
2. The complaint of the petitioner is that, no proper action has been taken by the Police on Exhibit-P1 complaint preferred by him, and no crime has been registered in the matter.
3. The learned Public Prosecutor has pointed out that the petitioner was involved in Crime No.1997 of 2011 of the Thrikkakkara Police Station, for the offences under Sections 448, 294(b), 354 IPC and consequently, he was arrested in connection with the crime and was produced before the Judicial First Class Magistrate's Court-I, Aluva on the same day itself, and he was remanded to custody and he was enlarged on bail on the next day. Thereafter, he had W.P.(C).23262/15 2 preferred Exhibit-P1 complaint dated 26.11.2011.
4. According to the learned Public Prosecutor, the matter was inquired into and no further action was taken on it as the complaint was proved to be false. It is a fact that after preferring the complaint in the year 2011, the petitioner has not so far come forward to enquire the fate of the complaint.
5. On hearing the either side, this Court is of the view that in case of further grievance in the matter, it is open to the petitioner to prefer a private complaint before the concerned Judicial First Class Magistrate's Court.
By leaving such an opportunity to the petitioner, this Writ Petition (Civil) is disposed of.
Sd/-
B. KEMAL PASHA, JUDGE.
DSV/28/1/16 // True Copy // P.A. To Judge