IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 9TH JUNE 2011 / 19TH JYAISHTA 1933 WP(C).No. 15510 of 2011(K) ( CRIME NO.555/2010 OF KARAMANA POLICE STATION) ------ -------------------------- PETITIONER(S): --------------- JUSTIN JOSE, AGED 42 YEARS S/O.SATHYANESAN,PROPRIETOR, J.J.FRUITS, KARAMANA, THIRUVANANTHAPURAM 695 002. BY ADVS. SRI.ZAKEER HUSAIN M.K. SRI.THIRUMALA P.K.MANI RESPONDENT(S): --------------- 1. RAKESH THAMBI, THE MANAGER, CLASSIC BAR, KILLIPPALAM, KARAMANA THIRUVANANTHAPURAM - 695 002. 2. SUB INSPECTOR OF POLICE KARAMANA POLICE STATION, THIRUVANANTHAPURAM - 695002. 3. CITY POLICE COMMISSIONER THIRUVANANTHAPURAM - 695001. 4. DIRECTOR GENERAL OF POLICE THIRUVANANTHAPURAM - 695001. 5. THE SECRETARY DEPARTMENT OF HOME ,SECRETARIAT, THIRUVANANTHAPURAM - 695001. R2 TO R5 BY PUBLIC PROCECUTOR SRI. MANU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: smvd THOMAS P. JOSEPH, J. -------------------------------------- W.P(C). No.15510 of 2011 -------------------------------------- Dated this the 9th day of June, 2011. JUDGMENT Petitioner claims to be the registered owner of an innova car bearing No.KL-01 AK 4822 which (allegedly) was taken away by first respondent for personal use but not returned inspite of demand. On the complaint of petitioner, the Karamana Police registered Crime No.555 of 2010 for offences punishable under Sections 406 and 420 of the Indian Penal Code. Complaint of petitioner is that though a case was registered on 10.08.2010 no fruitful investigation is conducted and the vehicle is not traced out so far. According to the learned counsel, in the circumstances direction has to be issued to respondents 2 to 5 to conduct effective fair and meaningful investigation of the crime case and to recover the vehicle. I have heard learned Public Prosecutor also. 2. The Supreme Court in Sakiri Vasu v. State of U.P. (2008 (4) KLT 724) has held that the Magistrate has all necessary powers for ensuring proper investigation and that the power to direct registration of a case is very wide and includes all such incidental powers as are necessary for ensuring such investigation. WP(C) No.15510/2011 2 3. The complaint of petitioner is lack of proper investigation. If that be so, petitioner can move the jurisdictional Magistrate to ensure that there is proper investigation of the case. Learned Magistrate in the light of the decision referred supra is competent to issue appropriate direction if it is warranted. Without prejudice to the above right of petitioner, this petition is closed. THOMAS P.JOSEPH, Judge. cks