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.
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W.P.C.NO.6854 OF 2010
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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
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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
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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
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