IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 19TH SEPTEMBER 2008 / 28TH BHADRA 1930 WP(C).No. 22753 of 2004(H) -------------------------------------- PETITIONER: ------------------ SREEKUMARI, D/O.SARASWATHY AMMA, AGED 36 YEARS RESIDING AT VALYAPARAMBIL, ARYAD SOUTH VILLAGE, AMBALAPUZHA TALUK, ALAPPUZHA. BY ADV. SRI.K.RAVU SRI.VISHNU.R RESPONDENTS: ----------------------- 1. P.K.ANIL, S/O.P.R.KRISHNAN, AGDED 44 YEARS, DEPUTY SUPERINTENDENT OF POLICE, PARAVOOR NORTH. 2. KERALA STATE REP: BY THE CHIEF SECRETARY, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM THROUGH GOVT.PLEADER & PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. GOVERNMENT PLEADER SRI.NOBLE MATHEW FOR R1 & R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO. 22753/2004-H APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE F.I.R. OF ALAPPUZHA NORTH POLICE STATION FILED 23/06/1990. EXT.P2: COPY OF THE STATEMENT OF PARAMESWARA KURUP DATED 23/06/1990. EXT.P3: COPY OF THE REMAND APPLICATION DATED 25/06/1990. EXT.P4: COPY OF THE PAGE 55 OF GENERAL DIARY OF ALAPPUZHA NORTH POLICE STATION DATED 25/06/1990. EXT.P5: COPY OF THE JUDGMENT OF HON'BLE HIGH COURT OF KERALA IN O.P. NO.6322/90 C DATED 18/07/1990. EXT.P6: COPY OF THE ENQUIRY OF COMMISSIONER DATED 26/12/1990. EXT.P7: COPY OF THE JUDGMENT OF JFM-I ALAPPUZHA DATED 07/02/97. EXT.P8: COPY OF THE REPORT OF S.P OF POLICE TO HON'BLE SPEAKER, KERALA LEGISLATIVE ASSEMBLY DATED 30/03/1992. EXT.P9: COPY OF THE JUDGMENT OF SUB COURT ALAPPUZHA IN O.S.386/94 DATED 30/03/1999. EXT.P10: COPY OF THE I.A. NO.360/2000 FILED BY PETITIONER BEFORE THE ADDL. DISTRICT COURT, ALAPPUZHA DATED 20/03/2000. RESPONDENT'S EXHIBITS: EXT.R1: COPY OF THE REPORT OF POLICE , SUBMITTED TO THE SUB DIVISIONAL MAGISTRATE, ALAPPUZHA, FORWARDING G.D. AND ENDORSEMENT THEREON REGARDING RECEIPT OF THE SAME. //TRUE COPY// P.A. TO JUDGE Rs/ KURIAN JOSEPH, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P(C).No. 22753 OF 2004 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of September, 2008 JUDGMENT The Writ Petition is filed with the following prayers: i) issue a writ of mandamus or appropriate writ directing 2nd respondent to initiate disciplinary action against 1st respondent as per the finding of the enquiry commission Dr.Asha Thomas I.A.S., contained in Ext.P6 report dated 26.12.90; ii) Directing Addl. District Judge, Alappuzha to conduct an enquiry under Section 340 of Cr.P.C into the offence under Section 471 of IPC committed by 1st respondent in relation to the proceeding in OS 386 of 1994 before the Sub Court, Alappuzha and make a complaint against the 1st respondent before he Judicial First Class Magistrate-I, Alappuzha. In view of the stand taken in the counter affidavit, particularly, with regard to the pendency of AS No.140/99, in case the petitioner has still any grievance left, she may move the Sub Court, Alappuzha after the disposal of the appeal. (KURIAN JOSEPH, JUDGE) ttb