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Suresh Balaji vs State Of Kerala

High Court Of Kerala|14 October, 2014
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JUDGMENT / ORDER

The petitioner herein seeks a writ of mandamus for effective investigation of crime No.319/2010 of the Nedukandam Police Station. What he seeks is a direction for investigation by the Crime Branch. The offence involved is theft, and his grievance is that the police has not cared to seize or recover the entire property involved in the crime. 2. The fourth respondent has filed statement that investigation as against two accused in the crime was completed long back, and that final report was also filed long back. It is also reported that on the final report the court having jurisdiction took cognizance, the case proceeded for trial, and the two accused stand convicted. As against the other (third) accused, the report is that investigation is in progress. Thus the final report submitted by the police is not the full final report. Investigation as against the third accused is still in progress, and it is reported that effective measures have been taken to detect him. The police is confident that once he could be detected and arrested all recoveries possible could be made. In view of the said report, I find no reason to issue a writ of mandamus for investigation by the Crime Branch. Two of the three accused involved in the crime already stand Crl. M.C No. 10442 of 2012 2 convicted by the trial court, and investigation as against the third one is in progress. In such a situation it would be inappropriate to order investigation by somebody else. In such a situation, this writ petition is only to be dismissed.
In the result, this writ petition is dismissed.
P.UBAID, JUDGE sab
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Title

Suresh Balaji vs State Of Kerala

Court

High Court Of Kerala

JudgmentDate
14 October, 2014
Judges
  • P Ubaid
Advocates
  • Smt
  • G Vidya