IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 14TH OCTOBER 2010 / 22ND ASWINA 1932 WP(C).No. 11942 of 2010(Q) ------------------------ PETITIONER : ------------------ KALOOR HASSAN HAJI, AGED 64 YEARS, S/O.ALAVI, OLAKKARA, KOOMANNA, PERUVALLOOR, OLAKKARA P.O., 676 306, TIRURANGADI, MALAPPURAM DISTRICT. BY ADV. SRI.K.K.MOHAMED RAVUF RESPONDENT(S): ------------------------ 1. THE STATION HOUSE OFFICER, THENHIPALAM. 2. THE SUPERINTENDENT OF POLICE, MALAPPURAM. R1 & R2 BY GOVT. PLEADER SMT. M.K. PUSHPALATHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn M.SASIDHARAN NAMBIAR, J. ------------------------- W.P (C) No.11942 of 2010 -------------------------- Dated this the 14th October, 2010 J U D G M E N T Tata Indica car KL.55B-5718 belonging to the petitioner, was stolen from his house on the night of 27.03.2009. On 28.3.2009 based on the information, under Ext.P2 F.I.R, Crime No.111 of 2009 was registered for the offences under Section 379 of Cr.P.C. This petition is filed under Article 226 of the Constitution of India for a writ of mandamus directing 2nd respondent to hand over the investigation of Crime No.111/2009 of Thenhipalam Police to Crime Detachment agency or CBCID contending that no investigation is being carried out and on 29.3.2009 the next day of theft, the driver of the petitioner Kakkathara Syed Ali and his brother Abdul Salam told the petitioner that he could get back the vehicle if he pays Rs.30,000/- to them, and even though the fact was informed to the police they were not questioned and no effort was made to trace out the car. Contending that in spite of expiry of three months there is no progress in the investigation, petitioner sought change of W.P (C) No.11942 of 2010 2 investigation. 2. The Circle Inspector of police, Thirurangadi filed a statement disclosing that investigation was originally conducted by the then Circle Inspector of Police, Thirurangadi and on 19.6.2009 the present Circle Inspector of Police took over the investigation and on 10.6.2009 the Circle Inspector Kunnamkulam arrested one Riyas Babu and Mohammed Siyad and on questioning them they confessed theft of the car involved in this case, on their arrest Crime No.609/2009 was registered under Section 401 of Indian Penal Code by Kunnamkulam Police and the abstract of the relevant portion of the confession statement was produced before the learned Magistrate. On receiving the copy of F.I.R, Circle Inspector formally arrested the accused at Sub Jail Chavakkad and as per the orders of the learned Magistrate, they were taken into custody on 14.8.2009. The statement discloses that in the confession statement both the accused narrated different stories; one to the effect that car was sold to Abdurahiman @ Veerappan Rahim who was the father of the 2nd W.P (C) No.11942 of 2010 3 accused who was later implicated as the 4th accused and the other that the car was transported to Andhrapradesh and sold to one Madhu in Thirupathy. It is stated that to trace out the 4th accused Abdurahiman @ Veerappan Rahim, Assistant Sub Inspector along with Police Constables were deputed to Tamil Nadu and they could not trace them and efforts are being made to trace the remaining accused, though till now it was unsuccessful. 3. Learned counsel appearing for the petitioner and learned Government Pleader were heard. 4. A perusal of the statement itself establishes that proper investigation is not being carried out by the present Investigating Officer. It is clear that even if the investigation is continued by the present Investigating Officer, there is no likelihood of the tracing the accused or recovering the stolen car. In such circumstances, interest of justice warrants that investigation is to be handed over to CBCID for proper investigation. Petition is allowed. Director General of Police is directed to entrust the investigation of Crime W.P (C) No.11942 of 2010 4 No.111/2009 of Thenhipalam Police Station to CBCID, with a direction that it shall be investigated by a Senior Police Officer not below the rank of a Dy.S.P. and all efforts are being made to complete the investigation, expeditiously. M.SASIDHARAN NAMBIAR JUDGE ma