Dr. Bindu J vs The State Of Kerala on 2 April, 2019

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Kerala High Court

Dr. Bindu J vs The State Of Kerala on 2 April, 2019

Bench: V Raja Vijayaraghavan

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

          THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

   TUESDAY, THE 02ND DAY OF APRIL 2019 / 12TH CHAITHRA, 1941

                      WP(C).No. 41651 of 2018



PETITIONER/S:

               DR. BINDU J.,
               AGED 50 YEARS,
               W/O.AJAYAKUMAR V.K.,
               213 SSK ENCLAVE,
               PERUMANOOR .P.O, KOCHI.

               BY ADVS.
               SRI.NANDAGOPAL S.KURUP
               SRI.K.ASHIS



RESPONDENT/S:

      1        THE STATE OF KERALA,
               REPRESENTED BY THE SECRETARY,
               DEPARTMENT OF HOME AFFAIRS, SECRETARIAT,
               THIRUVANANTHAPURAM, PIN-695033.

      2        THE DIRECTOR GENERAL OF POLICE,
               POLICE HEAD QUARTERS, THIRUVANANTHAPURAM.

      3        THE COMMISSIONER OF POLICE, ERNAKULAM.

      4        THE SUB INSPECTOR OF POLICE
               CITY TRAFFIC POLICE STATION, KOCHI CITY.



               BY SR.PUBLIC PROSECUTOR SRI. M. S. BREEZ


THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
02.04.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No. 41651 of 2018                 2

                              JUDGMENT

Instant Writ Petition is filed under Article 226 of the Constitution of India seeking a direction to the second respondent to hand over the investigation in Crime No. 10571/2014 of the City Traffic Police Station, Kochi City to a superior police officer and for other consequential reliefs.

2. When the matter came up for hearing, the learned Government Pleader submitted that by Order No. B1(c)- 4624/2019/KoR dated 16.03.2019, the Inspector General of Police ordered further investigation of the case in Crime No. 10571/2014 with the Asst. Commissioner of Police, City Traffic West, Kochi City. It appears from the order that the officer has been directed to approach the court below and file an appropriate application seeking permission to conduct the further investigation.

3. Sri.Nandagopal S. Kurup, the learned counsel appearing for the petitioner, submitted that the grievance of the petitioner has been redressed.

4. The prayer having become infructuous, this Writ Petition is closed.

Sd/-

RAJA VIJAYARAGHAVAN V., JUDGE avs WP(C).No. 41651 of 2018 3 APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NUMBER 10571/2014 OF CITY TRAFFIC POLICE STATION, KOCHI CITY.

EXHIBIT P2 TRUE COPY OF THE FINAL REPORT IN CC NO.852/2015 ON THE FILES OF THE JUDICIAL FIST CLASS MAGISTRATE COURT-I, KOCHI.

EXHIBIT P3 TRUE COPY OF THE PETITION SUBMITTED BY THE PETITIONER BEFORE THE FOURTH RESPONDENT DATED 17/12/2014.

EXHIBIT P4 TRUE COPY OF THE VEHICLE SEIZURE MAHASSER WITH RESPECT TO KL 07-AK-6174.

EXHIBIT P5 TRUE COPY OF THE VEHICLE SEIZURE MAHASSER WITH RESPECT TO THE HONDA ACTIVA SCOOTER BEARING REGISTRATION NUMBER KL-07-BJ-2487.

EXHIBIT P6 TRUE COPY OF THE REPORT OF INSPECTION OF THE KL 07-AK-6174.

EXHIBIT P7 TRUE COPY OF THE REPORT IN INSPECTION OF THE HONDA ACTIVA SCOOTER BEARING REGISTRATION NUMBER KL-07-BJ-2487.

EXHIBIT P8 TRUE COPY OF THE VEHICLE EXAMINATION REPORT PREPARED BY THE SCIENTIFIC ASSISTANT FORENSIC SCIENCE LABORATORY, CITY POLICE, KOCHI DATED 16/12/2014.

EXHIBIT P9 TRUE COPY OF THE SCENE MAHASSER DATED 11/12/2014 PREPARED BY THE FOURTH RESPONDENT.

EXHIBIT P10 TRUE COPY OF THE 161 STATEMENT DEPOSED BY CW 2-SHRI.NIKHIL SURENDRANATH.

EXHIBIT P11 TRUE COPY OF TEH 161 STATEMENT DEPOISTED BY CW 3-SHRI.RAVI.

EXHIBIT P12 TRUE COPY OF THE 161 STATEMENT DEPOSITED BY CW 4-AJMAL.

EXHIBIT P13 TRUE COPY OF THE POST-MORTEM CERTIFICATE DATED 11/12/2014 ISSUED BY THE DISTRICT POLICE SURGEON, GENERAL HOSPITAL, ERNAKULAM.

WP(C).No. 41651 of 2018 4

EXHIBIT P14 TRUE COPY OF THE DEATH SUMMARY ISSUED FROM THE MEDICAL TRUST HOSPITAL, ERNAKULAM.

EXHIBIT P15 TRUE COPY OF THE REPRESENTATION DATED 10/08/2015 PREFERRED BY THE PETITIONER TO THE SECOND RESPONDENT.

EXHIBIT P15 A TRUE COPY OF THE RECEIPT ISSUED BY THE POSTAL AUTHORITIES EVIDENCING THE ISSUANCE OF P15.

EXHIBIT P16 TRUE COPY OF THE REPRESENTATION DATED 01/01/2016 PREFERRED BY THE PETITIONER TO THE SECOND RESPONDENT.

EXHIBIT P16 A TRUE COPY OF THE RECEIPT ISSUED BY THE POSTAL AUTHORITIES EVIDENCING THE ISSUANCE OF P16.

EXHIBIT P17 TRUE COPY OF THE REPRESENTATION DATED 04/05/2016 PREFERRED BY THE PETITIONER BEFORE THE KERALA STATE POLICE COMPLAINTS AUTHORITY EXHIBIT P18 TRUE COPY OF THE ORDER DATED 24/01/2018 PASSED BY THE KERALA STATE POLICE COMPLIANTS AUTHORITY.

EXHIBIT P19 TRUE COPY OF THE AWARD IN OP(MV)NO.646/2015 PASSED BY THE MACT, ERNAKULAM.

EXHIBIT P20 TRUE COPY OF THE REPRESENTATION DATED 11/12/2018 PREFERRED BY THE PETITIONER TO THE SECOND RESPONDENT.

EXHIBIT P21 TRUE COPY OF THE REPRESENTATION DATED 11/12/2018 PREFERRED BY THE PETITIONER TO THE THIRD RESPONDENT.

RESPONDENT'S/S EXHIBITS:

NIL avs //TRUE COPY// P.A TO JUDGE

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