IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 27TH JUNE 2011 / 6TH ASHADHA 1933 WP(C).No. 17112 of 2011(L) ------------------------- PETITIONER : -------------------- PRASAD, AGED 29, S/O.SUNDARAN, KIZHIKKOOTTU HOUSE, THRISSUR TALUK, MANAKKODI VILLAGE, MANAKKODI DESOM, THRISSUR DISTRICT, PIN 680 012. BY ADVS. SRI.M.N.MANOJ SRI. A.G.UNNIKRISHNAN RESPONDENT(S): -------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695 001. 2. THE SUPERINTENDENT OF POLICE, THRISSUR DISTRICT, OFFICE OF THE SUPERINENTENDENT OF POLICE, CIVIL STATION, AYYANTHOLE, THRISSUR DISTRICT, PIN 680003. 3. THE STATION HOUSE OFFICER, THRISSUR WEST POLICE STATION, THRISSUR DISTRICT, PIN 680003. R1 TO R3 BY GOVT. PLEADER SRI. V. MANU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 17112 of 2011(L) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE DISCHARGE SUMMARY ISSUED TO THE PETITIONER DATED 09-06-2011. EXT.P2 : THE NEWS ITEM PUBLISHED IN THE MATHRUBUMI DAILY DATED 09-06-2011. EXT.P3 : COPY OF THE NEWS ITEM PUBLISHED IN THE DESHABHIMANI DAILY DATED 09-06-2011. EXT.P4 : COPY OF THE F.I.R. PERTAINING TO THE FIR NO. 780/2011 OF THRISSUR WEST POLICE STATION. EXT.P5 : COPY OF THE FIST INFORMATION STATEMENT GIVEN BY THE PETITIONER TO THE POLICE DATED 09-06-2011. EXT.P6 : COPY OF THE PETITION DATED 13-06-2011 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. EXT.P7 : COPY OF THE 3 COURIER RECEIPTS ISSUED TO THE PETITIONER DATED 13-06-2011. EXT.P8 : COPY OF THE PETITION DATED 15-06-2011 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P9 : COPY OF THE COURIER RECEIPTS DATED 15-03-2011 ISSUED TO THE PETITIONER. EXT.P10 : COPY OF THE POSTAL REGISTRATION RECEIPT DATED 21-06-2011 ISSUED TO THE PETITIONER. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.S. TO JUDGE Mn THOMAS P. JOSEPH, J. -------------------------------------- W.P.(C.) No.17112 of 2011 -------------------------------------- Dated this the 27th day of June, 2011. JUDGMENT Public Prosecutor takes notice for respondents. 2. Petitioner is the defacto complainant in Crime No.780 of 2011 of Thrissur West Police Station. That case was registered on the information given by petitioner that on the relevant day, he was attacked by the accused in furtherance of their common intention to cause his death. It is alleged that he was assaulted with iron rod. The Thrissur West Police registered case only for offences punishable under Sections 341, 323 and 324 read with Section 34 of the Indian Penal Code (for short, “the IPC”). Grievance of petitioner is that the Police has purposely shown only minor offences in the FIR while serious offences under Sections 308, 341, 506, 120B and 294(b) of the IPC are also involved. Petitioner preferred Ext.P8, complaint to the District Police Chief, Thrissur for necessary action in the matter. It is submitted that the said petition has not so far been disposed of. It is also pointed out by learned counsel that the Police has not so far submitted the final report. 3. If Ext.P8, complaint has been received by the District Police Chief and it is not already disposed of and the final report has also not been submitted by the Police, the District Police Chief has to look into Ext.P8 and take necessary action in the matter. WP(C) No.17112/2011 2 Resultantly, without making any observation regarding merit of the contentions raised by petitioner, this petition is disposed of directing the District Police Chief, Thrissur to dispose of Ext.P8, complaint (if it is received in that Office, has not so far been disposed of and in case final report has not been submitted in Crime No.780 of 2011 of Thrissur West Police Station) as provided under law as early as possible. If the final report has already submitted it is open to the petitioner to approach the jurisdictional Magistrate and seek appropriate relief. THOMAS P.JOSEPH, Judge. cks