SHANAVAS v. STATE POLICE CHIEF
Case at a glance
- Bench
- P S P S GOPINATHAN
Outcome
Disposed of
In the result, this petition is disposed of commanding the
Provisions considered
- Constitution of India art. 226
- Indian Penal Code, 1860 ss. 308, 326, 452
Judgment
BY ADVS.M/S. .B.MOHANLAL, SRI.T.PRASAD & SRI.SAIJU S. RESPONDENTS:
STATE POLICE CHIEF, GOVERNMENT OF KERALA, POLICE HEADQUARTERS, VAZHUTHACAUD P.O., THIRUVANANTHAPURAM, PIN-695016.
THE DISTRICT POLICE CHIEF, KOLLAM CITY, DISTRICT POLICE HEAD QUARTERS, KOLLAM-691001.
THE CIRCLE INSPECTOR OF POLICE, SASTHAMKOTTA P.O., KOLLAM DISTRICT, PIN-690521.
THE SUB INSPECTOR OF POLICE, SASTHAMKOTTA POLICE STATION, SASTHAMKOTTA P.O. KOLLAM, PIN-690521.
SRI.ABDUL SALAM, PAPALI THARAYIL, THODIYOOR P.O., KARUNAGAPPALLY, KOLLAM DISTRICT PIN-690568.
SRI.SALIM, S/O.ABDUL SALAM, PAPALI THARAYIL, THODIYOOR P.O., KARUNAGAPPALLY KOLLAM DISTRICT, PIN-690568.
SRI.SHAFEEK, PAPALI THARAYIL KIZHAKKATHIL, THODIYOOR P.O., KARUNAGAPPALLY KOLLAM DISTRICT, PIN-690568.
SRI.SHAMEER, PAPALI THARAYIL KIZHAKKATHIL, THODIYOOR P.O. KARUNAGAPPALLY, KOLLAM DISTRICT, PIN-690568. GOVERNMENT PLEADER SRI. RAJESH VIJAYAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05-03-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) 33897/2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 EXT.P2 THE TRUE COPY OF THE FIR AND FIS IN CRIME NO. 1493/2011 OF SASTHAMCOTTAH POLICE STATION. THE TRUE COPY OF THE ACCIDENT REGISTER CUM WOUND CERTIFICATE OF THE PETITIONER'S BROTHER SRI. SHAHINAR ISSUED FROM TALUK HEADQUARTERS HOSPITAL, KARUNAGAPPALLY. EXT.P3 THE TRUE COPY OF THE REPRESENTATION DATED 24.11.2011 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. RESPONDENTS' EXHIBITS: NIL. // TRUE COPY // Knc/- P.S. TO JUDGE. P.S.GOPINATHAN, J. ---------------------------- WP(C)No. 33897 of 2011 --------------------------- Dated this the 5th day of March, 2012 JUDGMENT In this petition under Article 226 of the Constitution of India, the petitioner seeks the following reliefs: i. To issue writ of mandamus and other appropriate writ, order or direction commanding the 2nd respondent to conduct a confidence investigation of Crime No.1493/2011 of Sasthamcottah Police Station through Crime Branch Hurt and Homicide Wing or a Special Investigation Team other than the local Police and book the actual culprits involved in the commission of offence within a stipulated time as directed by this Hon'ble Court. ii. To issue writ of mandamus and other appropriate writ, order or direction commanding the 2nd respondent to conduct a proper and confidence investigation of Crime No.1493/2011 of Sasthamcottah Police Station under the supervision of the 2nd respondent restore Section 452, 308 and 326 I.P.C in the FIR and book the actual culprits within a stipulated time as directed by this Hon'ble Court. iii. To issue a writ of mandamus or other appropriate order or direction commanding 2nd respondent to consider Ext.P3 and conduct a proper and confidence Crime No.1493/2011 of investigation of Sasthamcottah Police Station through a higher Police Official than the 4th respondent and restore Section 452, 308 and 326 I.P.C in the FIR and book the actual culprit within a stipulated time as directed by this Hon'ble Court. WP(C)No. 33897 of 2011 2 iv. Issue such other reliefs as this Hon'ble Court may deem fit and proper in the circumstances of the case.
2. Having heard either side, I find that the matter is still under investigation and that pointing out some laches in the investigation, the petitioner has preferred Ext.P3 representation before the second respondent. In the above circumstance, I find that it would be appropriate to dispose of this petition with direction to the second respondent to consider Ext.P3 representation and to take appropriate action.
Operative part
3. In the result, this petition is disposed of commanding the second respondent to dispose of Ext.P3 representation on merits and to have follow up action, if so required, within a period of three months from the date of receipt of a copy of this judgment. P.S.GOPINATHAN, JUDGE
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: In the result, this petition is disposed of commanding the
Which statutory provisions did this judgment involve?
Constitution of India — art. 226; Indian Penal Code, 1860 — ss. 308, 326, 452.
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.