IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 24TH SEPTEMBER 2009 / 2ND ASWINA 1931 WP(C).No. 25141 of 2009(K) -------------------------- PETITIONER(S): --------------- P.N.GOPALAKRISHNAN, ASST. SUB INSPECTOR OF POLICE (NOW UNDER SUSPENSION0, AGED 50 YEARS, S/O. THIMMAYYA, R/AT MAHIN'S QUARTERS,MOGRAL KADAVATH , MOGRAL PUTHUR P.O., KASARGOD DIST. BY ADV. SRI.SURESH KUMAR KODOTH RESPONDENTS: --------------- 1. THE SUPERINTENDENT OF POLICE, KASARGOD DIST. 2. THE CIRCLE INSPECTOR OF POLICE, VELLARIKUNDU, POST RAJAPURAM, HOSDURG, KASARGOD DIST. 3. THE STATE OF KERALA, REP. BY THE SECRETARY TO GOVT. HOME DEPT. THIRUVANANTHAPURAM. BY SR.GOVERNMENT PLEADER SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No.25141 of 2009 -------------------------- Dated this the 24th September,2009 J U D G M E N T Petitioner, an Assistant Sub Inspector of Police, has been placed under suspension with effect from 2.5.2008 in connection with he being arrayed as accused in Crime No.214 of 2006 of Adhur Police Station. Petitioner is the 5th accused in the said crime and investigation of the same has now been taken over by the Crime Branch (CID). Crime was originally registered under the caption 'Man Missing' which was altered into Section 341, 302, 201 r/w 34 IPC and Section 23 of the Juvenile Justice (Care and Protection of Children Act) 2000. Hamsa who is the first accused in the crime and his wife Mymoona, the 3rd respondent are alleged to have confessed to the crime. Petitioner is arrayed as A5 for the offence under Section 201 of the Indian Penal Code and the allegations seem to be that he had conducted investigation in a perfunctory manner and had manipulated entries in the Majoli Check Post with the intention of causing the disappearance of evidence and rescuing A1 from capital punishment. W.P ( C) No.25141 of 2009 2 Charges are yet to be framed by the Sessions Court in this regard and it seems that proceedings for committal are pending before the Magistrate's Court. Application for revocation of the petitioner's suspension was considered by the Superintendent, who rejected it as per Ext.P8. Ext.P8 has been challenged in the writ petition. In the nature of the allegations, I am of the view that a further review of the petitioner's suspension by the Superintendent of Police may not really serve any purpose as such. It is therefore open to the petitioner to move the Director General of Police for a review of suspension. If he do so, within one month from the date of receipt of a copy of this judgment and produces a copy of the judgment before the Director General of Police, the Director General of Police shall look into the same and take appropriate action on the petitioner's request within two months thereafter. Writ petition is disposed of as above. (V.GIRI,JUDGE) ma W.P ( C) No.25141 of 2009 3 W.P ( C) No.25141 of 2009 4