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2023 Supreme(Online)(KER) 21269
HIGH COURT OF KERALA
P.V.KUNHIKRISHNAN, J
NEW INDIA ASSURANCE CO.LTD. – Appellant
Versus
DIRECTOR GENERAL OF POLICE – Respondent
WP(Crl.) 867 2023
GEORGE A.CHERIAN, SOUMYA FRANCIS, GEORGE CHERIAN (SR.)
The court highlighted its ability to mandate investigation procedures to ensure justice, reinforcing the significance of appropriate responses to grievances.
Headnote:
Mandamus - Criminal Procedure - Crime Investigation - Act Section List - The court directed the 3rd respondent to reconsider a complaint regarding inadequate investigation into a specific crime, emphasizing the necessity for timely responses and proper investigative procedures.
Fact of the Case:
The petitioner filed a writ seeking reinvestigation of Crime No.79/2020, claiming inadequate investigation by the Kollam East Police Station and requesting the court to direct the respondents to consider the attached complaint.
Issues: Whether the investigation into Crime No.79/2020 was conducted properly and if a reinvestigation was warranted.
Ratio Decidendi: The court established that timely and effective investigation is crucial to uphold justice, and it has the authority to direct such an investigation if inadequacies are identified.
Final Decision: The writ petition is disposed of, directing prompt action on the complaint.
JUDGMENT
The above writ petition is filed with following prayers:
“i) issue a writ of mandamus or any other writ, order or direction directing the respondents to order reinvestigation of crime No.79/2020 of Kollam East Police station.
iii) to allow such other writ order or direction which this Hon`ble Court may deem fit and proper in the circumstances of this case in the interest of justice.
iv) to dispense with production of translation of vernacular documents.
v) to allow the costs of this proceedings to the petitioner.”
(sic)
2. The main grievance of the petitioner is that there is no proper investigation in Crime No.79 of 2020 by the Kollam East Police Station and a proper investigation is necessary in the case. Narrating the grievance, the petitioner submitted Ext.P11 before the
3rd respondent.
3. In such circumstances, there can be a direction to the 3rd respondent to consider Ext.P11 with notice to the petitioner and inform the result to the petitioner.
Therefore, this W.P.(Crl.) is disposed of directing the 3rd respondent to consider and pass appropriate orders in Ext.P11, with notice to the petitioner and inform the result to the petitioner, as expeditiously as possible, at any rate, within one month from the date of receipt of a certified copy of this judgment.
sd/-
P.V.KUNHIKRISHNAN JUDGE das APPENDIX OF WP(CRL.) 867/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF OPMV NO.380/2020 ON THE FILE OF THE MACT KOLLAM DATED
20.02.2020 Exhibit P2 TRUE COPY OF THE FIR IN CRIME NO.79/2020, KOLLAM EAST POLICE STATION DATED 11.01.2020 Exhibit P3 TRUE COPY OF THE FI STATEMENT OF HARIKRISHNAN RECORDED BY ASSISTANT POLICE INSPECTOR DATED NIL Exhibit P4 TRUE COPY OF THE FINAL REPORT DATED
15.01.2020 OF THE JUDICIAL FIRST CLASS MAGISTRATE ,KOLLAM Exhibit P5 TRUE COPY OF THE SCENE MAHAZAR PREPARED ON 11.01.2020 Exhibit P6 TRUE COPY OF THE VEHICLE MAHAZAR IN RESPECT OF KL-02-BJ-4177 AND KL-01-BT-
997 ON 09.01.2020 Exhibit P7 TRUE COPY OF THEB REPORT OF THE MOTOR VECHICLE INSPECTOR IN RESPECT OF MOTOR CYCLE KL-1-BT-997 DATED 16.01.2020 Exhibit P8 TRUE COPY OF THEB REPORT OF THE MOTOR VECHICLE INSPECTOR IN RESPECT OF MOTOR CYCLE KL-02-BJ-4177 DATED 16.01.2020 Exhibit P9 TRUE COPY OF CERTIFICATE DATED
02.01.2020 OF THE NS MEMORIAL INSTITUTE OF MEDICAL SCIENCE Exhibit P10 TRUE COPY OF DOCUMENT DATED 02.01.2020 ISSUED S.P. FORT HOSPITAL Exhibit P11 TRUER COPY OF COMPLIANT DATED14.02.2023 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT
