IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 14TH DECEMBER 2009 / 23RD AGRAHAYANA 1931 WP(C).No. 33420 of 2009(O) --------------------------------------- PETITIONER: ------------------- CYRIL MAR BESELIUS, METROPOLITAN, MALABAR SWATHANTHRA SURIYANI SABHA, THOZHIYOOR DESOM, POOKODE VILLAGE, CHAVAKKAD TALUK. BY ADVS. MR.P.VIJAYA BHANU, MR.M.REVIKRISHNAN. RESPONDENTS: ------------------------ 1. THE SUB INSPECTOR OF POLICE, GURUVAYOOR POLICE STATION. 2. THE SUPERINTENDENT OF POLICE, THRISSUR. 3. THE SUPERINTENDENT OF POLICE, CBCID, THRISSUR. 4. THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM. 5. SECRETARY TO GOVERNMENT, HOME DEPARTMENT, THIRUVANANTHAPURAM. R1 TO R4 BY GOVT. PLEADER MR. S.U. NAZAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/12/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ W.P.C.NO.33420 OF 2009 ------------------------------------------ Dated 14th December 2009 JUDGMENT This petition is filed under Article 226 of Constitution of India for a writ of mandamus commanding fourth respondent, Director General of Police to hand over investigation of crime No.406/2009 of Guruvayoor police station to an officer not below the rank of Deputy Superintendent of police of crime branch for proper and expeditious investigation. 2. Learned Government Pleader submitted that crime No.406/2009 of Guruvayoor police station was registered for the offence under Section 379 read with Section 34 of Indian Penal Code and a refer report was submitted before Judicial First Class Magistrate, Chavakkad on 27/7/2009 itself, after getting sanction from Superintendent of police, Thrissur. 3. This petition is filed only on 19/11/2009. Learned counsel appearing for the petitioner submitted that petitioner did not get any Wpc 33470/09 2 notice of submission of the refer report from the court so far. When a final report is already submitted, a direction as sought for cannot be issued. Granting liberty to the petitioner to file a private complaint or to appear before the Magistrate on receipt of notice on the factum of submission of refer report, if he has not received it so far and is at liberty to raise the objection, petition is disposed. M.SASIDHARAN NAMBIAR, JUDGE. uj.