LAWS(KER)-2015-3-261

ALEX Vs. STATE OF KERALA AND ORS.

Decided On March 20, 2015
ALEX Appellant
V/S
STATE OF KERALA And ORS. Respondents

JUDGEMENT

(1.) THIS writ petition under Article 226 of the Constitution of India was originally filed seeking for a direction commanding respondents 1 and 2 to conduct further investigation in Crime No. 530/2011 of Mulanthuruthy Police Station, under direct supervision of the 2nd respondent, by an officer not below the rank of Superintendent of Police. Inter alia, the petitioner sought for a relief to quash Ext. P1 Charge Sheet (final report) in Crime No. 1443/2011 of Udayamperoor Police Station. Ext. P18 notice of information issued under Section 157(2) Cr.P.C with respect to the report submitted before the Magistrate, referring the case in Crime No. 530/2011 as false, was also challenged. By virtue of amendment now incorporated the petitioner is also challenging Ext. P20 final report submitted in Crime No. 530/2011.

(2.) FACTS stated in brief are that, the 7th respondent along with his policemen had brutally manhandled and assaulted the petitioner and his wife on 03/09/2011, at a place near to their residence, by stopping a vehicle in which they were traveling along with their two minor children and had taken the petitioner to the police station, where also assault against him had continued. The petitioner was released from the Police Station only after registering a case alleging offence punishable under Section 279 of Indian Penal Code (for short 'IPC') and various other offenses punishable under the Motor Vehicles Act, including offence of drunken driving. The petitioner and his wife were taken to the Government Hospital, Keecheri on the next day, from where they were taken to the Taluk Head Quarters Hospital, Tripunithura for better treatment. Exts. P2 to P6 are the Medical Certificates produced in this regard. The petitioner thereupon submitted complaints before various higher police authorities alleging that respondents 7 to 10 had committed various offences punishable under IPC. Later on Crime No. 530/2011 was registered at Mulanthuruthy Police Station against the 7th respondent and others. The FIR in the said case is produced as Ext. P14. It is stated that the petitioner and his wife had continued prolonged treatment for the injuries sustained in the assault.

(3.) ANOTHER relief sought for in this writ petition is to quash Ext. P1 final report (Charge sheet) in Crime No. 1443/2011 of Udayamperoor Police Station registered against the petitioner under Section 279 IPC and other offences under the MV Act. Such a relief cannot be entertained in this writ petition because the petitioner has not produced any materials before this court to convince that there exists circumstances warranting interference against the final report, by invoking the extra ordinary discretionary jurisdiction vested under Article 226. It is always left open to the petitioner to seek appropriate remedy available under Cr.P.C against Ext. P1 before the appropriate Court.