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2024 Supreme(Online)(KER) 53839
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI &
THE HONOURABLE MR.JUSTICE V.G.ARUN MONDAY, THE 12TH DAY OF FEBRUARY 2024 / 23RD MAGHA, 1945 WA NO. 1636 OF 2023 AGAINST THE JUDGMENT IN WP(C) 37288/2022 OF HIGH COURT OF KERALA APPELLANT/PETITIONER:
SUBEESH S AGED 37 YEARS, S/O SURENDRAN G., SUBEESH BHAVANAM, PURAKKOD P.O, NEDUVATHUR VILLAGE, KOTTARAKKARA, KOLLAM DISTRICT., PIN 691 505 –
BY ADV SHAJAHAN K.M.
RESPONDENT/S:
1 THE CIRCLE INSPECTOR OF POLICE KOTTARAKKARA POLICE STATION, KOLLAM DISTRICT, KOTTARAKKARA, PIN 691 506 –
2 THE SUB INSPECTOR OF POLICE KOTTARAKKARA POLICE STATION, KOLLAM DISTRICT, KOTTARAKKARA, PIN 691 506 –
SRI.K.P.HARISH -SR.GP THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 12.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
Dated this the 12th day of February 2024 A.J. Desai, C.J.
By way of the present appeal filed under section 5 of the Kerala High Court Act, 1958, the appellant/petitioner has challenged the judgment dated 01.03.2023 in W.P.(C)No.37288 of 2022 by which the learned single Judge disposed of the writ petition without granting any relief to the appellant.
2. Having gone through the report submitted by the Superintendent of District Police, Kollam Rural and the injury- cum-wound certificate issued from the Government Hospital, we are of the opinion that the issues raised by the appellant are required to be examined by a higher official among the State Police Authorities.
Hence, we dispose of this appeal by directing the Deputy Inspector General of Police, having jurisdiction over Kollam District, to look into the matter and treat the petition as a representation made by the appellant and after detailed scrutiny, to prepare a report and take appropriate decision. A copy of the report as well as the decision may be supplied to the appellant by registered post. All these procedures shall be completed within a period of three months from today.
Pending interlocutory applications, if any, shall stand closed.
Sd/-
A.J. Desai Chief Justice Sd/-
V.G. Arun Judge vpv APPENDIX OF WA 1636/2023 PETITIONER ANNEXURES ANNEXURE A1 TRUE COPY OF THE ORDER OF THE STATE POLICE COMPLAINT AUTHORITY DATED 17-05-
2016 IN O.P. NO. 188 OF 2014 ANNEXURE A2 TRUE COPY OF THE GO SA.NO. 2810/2016/HOME DATED 03-09-2016 EXHIBIT P5 TRUE COPY OF THE RECEIPT ISSUED BY THE RURAL SP OFFICE, KOTTARAKKARA ON RECEIPT OF THE COMPLAINT ON 24.09.2022.
EXHIBIT P6 TRUE COPY OF THE RTI APPLICATION SUBMITTED BY THE MOTHER OF PETITIONER TO THE KOTTARAKKARA POLICE STATION ON
27.09.2022 EXHIBIT P7 TRUE COPY OF THE REMINDER TO THE RTI APPLICATION DATED 03/10/2022 SENT TO THE SHO OF KOTTARAKKARA POLICE STATION WITH POSTAL RECEIPT EXHIBIT P11 TRUE COPY OF THE GENERAL DIARY REGISTER(GDR) OF KOTTARAKKARA POLICE STATION EXHIBIT P12 TRUE COPY OF THE LETTER DATED 15/11/2022 FROM SIO, KOTTARAKKARA POLICE STATION EXHIBIT P13 TRUE COPY OF THE REPLY FROM THE PIO OF DISTRICT POLICE CHIEF, KOLLAM RURAL DATED 16.12.2022.
EXHIBIT P15 TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER ON 24.09.2022 BEFORE RURAL SP OFFICE, KOTTARAKKARA ALONG WITH ITS ACKNOWLEDGMENT RECEIPT.
EXHIBIT P14 TRUE COPY OF THE RTI APPLICATION DATED
19/11/2022 SUBMITTED BY MOTHER OF THE PETITIONER BEFORE THE DISTRICT CHIEF OF POLICE OF KOLLAM RURAL.
