ANILKUMAR v. THE STATE OF KERALA
Case at a glance
Provisions considered
- Constitution of India art. 226
- Indian Penal Code, 1860 ss. 143, 147, 148, 149, 302, 307
- Arms Act, 1959 s. 27
Key paragraphs
- Para 55. THE CIRCLE INSPECTOR OF POLICE, THAMPANOOR POLICE STATION, THIRUVANANTHAPURAM. BY PUBLIC PROSECUTOR SRI. NOBLE MATHEW THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR, J. * * * * * *…
Judgment
BY ADV. SRI.V.S.BABU GIREESAN RESPONDENTS: -------------
THE STATE OF KERALA, REPRESENTED BY THE HOME SECRETARY TO GOVERNMENT HOME AND VIGILANCE DEPARTMENT, SECRETARIAT, TRIVANDRUM.
DIRECTOR GENERAL OF POLICE, KERALA, TRIVANDRUM.
INSPECTOR GENERAL OF POLICE, SOUTHERN RANGE, KERALA, THIRUVANANTHAPURAM.
THE CITY COMMISSIONER OF POLICE, THIRUVANANTHAPURAM CITY, THIRUVANANTHAPURAM.
THE CIRCLE INSPECTOR OF POLICE, THAMPANOOR POLICE STATION, THIRUVANANTHAPURAM. BY PUBLIC PROSECUTOR SRI. NOBLE MATHEW THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * W.P. (C) NO. 36914 of 2007 * * * * * * * * * * * * * * * * * * Dated: 18-01-2008 JUDGMENT In this Writ Petition filed under Art. 226 of the Constitution of India, the petitioner who has been subsequently arrayed as the 10th accused in Crime No. 355 of 2007 of Karamana Police Station originally registered for offences punishable under Sections 143, 147, 148, 149, 307 and 302 read with Sec. 149 I.P.C. and subsequently also registered for offences punishable under Sections 447, 427, 396 and 120 B I.P.C. and Sec. 27 of the Arms Act, 1959, seeks to quash Ext.P3 report dated 16-10-2007 as per which he was arrayed as the 10th accused in the case and to quash Ext.P4 remand report dated 16- 10-2007 pertaining to the petitioner. According to the petitioner the six culprits originally referred to in the F.I. Statement has swelled to ten during the course of investigation and even though the petitioner had named the real culprits behind the brutal murder of the two persons in this case, the attempt is to salvage them and to falsely implicate the petitioner and others. His request to the Inspector General of Police (the 3rd respondent) and to the Home Secretary as well as the Home Minister to conduct a fair investigation in the case -:2:- has failed on deaf ears and if the present investigation is allowed to proceed with, innocent persons like petitioner will be charge-sheeted by the police.
2. I fail to see how the petitioner has any locus standi to petition the Inspector General of Police, Home Secretary and Home Minister for an investigation in the lines suggested by him. Similarly, it is too early to consider that Ext.P3 report by which he was arrayed as the 10th accused is the result of a faulty investigation. Equally misconceived is the prayer to set aside Ext.P4 remand report pertaining to the petitioner who had admittedly been released on bail subsequently. The unnamed six assailants mentioned in Ext.P1 F.I. statement also cannot be the last word since the first informant might have been overawed by the terrifying occurrence that took place in the night of 30-09-2007 on which two persons were mercilessly butchered. This petition is an ill conceived one which not liable to be entertained and is accordingly dismissed. V. RAMKUMAR, (JUDGE) -:3:- ani.
Questions this judgment answers
Which statutory provisions did this judgment involve?
Constitution of India — art. 226; Indian Penal Code, 1860 — ss. 143, 147, 148, 149, 302, 307; Arms Act, 1959 — s. 27.
Which court decided this case, and when?
Kerala High Court, on 18 Jan 2008. The bench was V RAMKUMAR.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.