High Court Kerala High Court

Mini Varghese vs Vijayakumar on 19 February, 2007

Kerala High Court
Mini Varghese vs Vijayakumar on 19 February, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 4605 of 2007(W)


1. MINI VARGHESE, CHERIYA VAILY PARAMBIL
                      ...  Petitioner
2. SHEEBA PHILIP, CHERIYA VAILY
3. GEORGE PHILIP,
4. SUMA JOY @ PHILOMINA SUMA,
5. BIJU SEBASTIAN, THEKKUMPURAM HOUSE,
6. MARY JOSEPH,
7. NOMIN JOSE, KAKKARAVELI,
8. SUNY NOMI, THEKKUMPURAM HOUSE,
9. ELSY DAVID, ATTIPPETTY HOUSE,
10. JWALA DAVID, ATTIPPETTY HOUSE,
11. LISSY ROB, ANJIPARAMBU HOUSE,
12. ROB, ANJIPARAMBU HOUSE,
13. M.L.BABY PAUL, KATTAMPALLYKALATHIL
14. SIMMY ALEX, D/O.K.V.PAUL,

                        Vs



1. VIJAYAKUMAR, PROP.CHIRAYIL CHITTIES
                       ...       Respondent

2. MARY VIJAYAKUMAR, CHIRAYIL CHITTIES

3. THE SUB INSPECTOR OF POLICE,

4. THE SECRETARY TO THE GOVT. OF KERALA,

                For Petitioner  :SRI.N.M.JAMES

                For Respondent  : No Appearance

The Hon'ble MR. Justice R.BASANT

 Dated :19/02/2007

 O R D E R


                              R. BASANT, J.

              -------------------------------------------------

                     W.P.(C) NO. 4605  OF 2007-W

              -------------------------------------------------

           Dated this the 19th day of February, 2007


                               JUDGMENT

The grievance of the petitioners is that Exts.P1 to 14

petitions submitted by them to the 3rd respondent have not

received the attention which is due to them under law.

Though those petitions reveal the commission of cognizable

offences, the third respondent has not registered a crime and

has not conducted investigation into the allegations raised in

the said complaints.

2. The learned Public Prosecutor, on instructions,

submits that while it is true that Exts.P1 to P14 complaints

have been received, no separate crimes have been registered

on the basis of those complaints as the grievances raised in

those complaints do also come within the sweep of the

allegations raised in another complaint on the basis of which

Crime No.226/06 of the Aroor Police Station under Sec.420 of

the IPC has been registered against respondents 1 and 2

herein. In these circumstances, it is not necessary to

W.P.(C) NO. 4605 OF 2007-W -: 2 :-

register separate crimes, submits the learned Public

Prosecutor.

3. I accept the said submission of the learned Public

Prosecutor. Inasmuch as Exts.P1 to P14 are receiving the

requisite attention from the Investigator, I am satisfied that

no further directions are necessary in this case invoking the

powers under Art.226 of the Constitution.

4. This writ petition is, in these circumstances,

dismissed accepting the submission of the learned Public

Prosecutor that the grievances of the petitioners are being

attended to and the needful shall be done in the

investigation of Crime No.226/06.

Sd/-

(R. BASANT, JUDGE)

Nan/

//true copy//

P.S. to Judge