Kerala High Court
Beevathu vs State Of Kerala on 22 January, 2019
Author: B.Sudheendra Kumar
Bench: B.Sudheendra Kumar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR
TUESDAY ,THE 22ND DAY OF JANUARY 2019 / 2ND MAGHA, 1940
WP(C).No. 40346 of 2018
PETITIONER/S:
BEEVATHU,
AGED 79 YEARS,
W/O ABDULLA,MOOSAMAKANAKATH HOUSE,PONNANI SOUTH
P.O.PONNANI TALUK,MALAPPURAM DISTRICT.
BY ADV. SRI.P.M.ZIRAJ
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,HONOURABLE
HIGH COURT OF KERALA AT ERNAKULAM.
2 SUB INSPECTOR OF POLICE,
TIRUR POLICE STATION, MALAPPURAM 679 577
3 DEPUTY SUPERINTENDENT OF POLICE,
TIRUR, MALAPPURAM 676 577
4 CB(CID),CRIME BRANCH,
MALAPPURAM DISTRICT-679577,REPRESENTED BY ITS
DISTRICT CHIEF.
5 BAPPUTTI,
S/O.SAIDUI,THITHEERIYATHINTEPURA,NIRAMARUTHUR,
PUTHIYAKADAPPURAM P.O.TIRUR TALUK,
MALAPPURAM DISTRICT-676 302.
6 SECRETARY TO GOVERNMENT,
HOME DEPARTMENT,GOVERNMENT OF KERALA,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
BY ADV. GOVERNMENT PLEADER
OTHER PRESENT:
SRI C S HRITHWIK-SR PP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 22.01.2019, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C).No. 40346 of 2018
-2-
JUDGMENT
When this matter has been taken up for hearing, the learned Public Prosecutor, on instructions, has submitted that the final report in Crime No.437/2017 of Tirur Police Station was already filed by the Investigating Officer before the Court of the Judicial Magistrate of First Class, Thirur, referring the case as "further action dropped". In view of the above submission of the learned Public Prosecutor, no further direction is required in this writ petition.
In the result, this writ petition stands closed.
WP(C).No. 40346 of 2018-3-
However, this order will not stand in the way of the petitioner in challenging the final report, in accordance with law.
Sd/-
B. SUDHEENDRA KUMAR, JUDGE STK //TRUE COPY// //P.A. TO JUDGE// WP(C).No. 40346 of 2018 -4- APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO 437/2017 OF TIRUR POLICE STATION EXHIBIT P2 TRUE COPY OF THE JUDGMENT DATED 6.2.2017 IN WPC NO 3841/2016 EXHIBIT P3 TRUE COPY OF THE ORDER OF JOINT REGIONAL TRANSPORT OFFICER,TRIUR DATED 30.3.2017 EXHIBIT P4 TRUE COPY OF THE COMPLAINT DATED 17.3.2017 SUBMITTED BY THE PETITIONER BEFORE THIRD RESPONDENT EXHIBIT P5 TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DATED 9.5.2017 IN WPC NO 15680/2017 EXHIBIT P6 TRUE COPY OF THE NOTICE ISSUED BY THE SECOND RESPONDENT TO THE PETITIONER DATED 2.2.2018 EXHIBIT P7 TRUE COPY OF THE FINAL REPORT SUBMITTED BY THE SECOND RESPONDENT BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, TRIUR DATED 26.1.2018 EXHIBIT P8 TRUE COPY OF THE SAID ORDER OF THE REGISTRATION INSPECTOR GENERAL OF KERALA BY CANCELING THE REGISTRATION OF DOCUMENT SUBMITTED WITH FORGED SIGNATURE WP(C).No. 40346 of 2018 -5- EXHIBIT P9 TRUE COPY OF THE REPORT OF THE FINGER PRINT EXPERT OF THE DEPUTY INSPECTOR GENERAL(REGISTRATION) KOZHIKODE DATED
2.8.2018 ALOING WITH COVERING LETTER OF THE FINGERPRINT BUREAU THIRUVANANTHAPURAM EXHIBIT P10 TRUE COPY OF THE REPRESENTATION DATED 5.12.2018 SUBMITTED BY THE PETITIONER BEFORE THE SIXTH RESPONDENT. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE STK