High Court Kerala High Court

Varkey vs Joseph Joseph on 15 November, 2010

Kerala High Court
Varkey vs Joseph Joseph on 15 November, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 6854 of 2010(Q)


1. VARKEY,S/O. VARKEY, AGED 80 YEARS,
                      ...  Petitioner
2. BIJU VARGHESE,S/O.VARKEY OF DO.  DO.

                        Vs



1. JOSEPH JOSEPH, PANDIYAMMAKKAL VEEDU,
                       ...       Respondent

2. THE SUB INSPECTOR OF POLICE, MELUKAVU

3. THE DIRECTOR GENERAL OF POLICE,

4. THE DISTRICT SUPERINTENDENT OF

5. STATE OF KERALA, REP. BY ITS

                For Petitioner  :SRI.JOHNSON MANAYANI

                For Respondent  : No Appearance

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :15/11/2010

 O R D E R
          M.SASIDHARAN NAMBIAR,J.

           ---------------------------------------------
             W.P.C.NO.6854 OF 2010
           ---------------------------------------------
           Dated 15th November, 2010


                         JUDGMENT

Petition is filed under Article

226 of Constitution of India for a

direction to the fourth respondent to

complete the investigation into Ext.P4

petition, in view of Ext.P5 judgment in

W.P.C.8115/2009. By Ext.P5 judgment this

court directed the District Superintendent

of Police, Kottayam to consider Ext.P4

petition filed therein, within one month

and petitioners were directed to produce

copy of the judgment along with copy of the

writ petition before the fourth respondent.

According to the petitioners, though Ext.P6

statements were recorded, no further

development was known to them. Ext.P4 is a

Wpc 6854/10
2

representation made by the petitioners before

the Director General of Police, for a detailed

investigation with regard to a complaint

filed by them before Sub Inspector of Police,

Melukavu Police Station on 9/2/2009 alleging

that they were attacked by first respondent on

21/1/2009 at about 8.30 p.m. By Ext.P5 judgment

this Court did not direct registration of the

case. Petitioners did not approach the

concerned Magistrate under Section 156(3) of

Code of Criminal Procedure to get the case

registered and investigated.

2. Learned Government Pleader submitted

that pursuant to Ext.P5 judgment, Ext.P4

complaint was enquired into and it was revealed

that no offence as alleged was committed. In

such circumstances, writ petition is disposed

directing fourth respondent to intimate the

Wpc 6854/10
3

petitioners, the result of the enquiry on

Ext.P4 complaint within thirty days from the

date of receipt of a copy of this judgment. If

petitioners are aggrieved by the findings on

the enquiry in Ext.P4, they are at liberty to

approach the concerned Magistrate under Section

156(3) of Code of Criminal Procedure.

M.SASIDHARAN NAMBIAR,
JUDGE.

uj.

Wpc 6854/10
4