IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 25TH JUNE 2010 / 4TH ASHADHA 1932 WP(C).No. 8717 of 2010(Q) ------------------------- PETITIONER: --------------- ELDHO M.I., AGED 30, S/O.ITTAN, MYLATTUMOLAYIL HOUSE, MAZHUVANNUR, ERNAKULAM DISTRICT. BY ADV. SRI.C.P.UDAYABHANU RESPONDENT: --------------- STATE OF KERALA, REPRESENTED BY S I OF POLICE, KUNNATHUNADU POLICE STATION (CRIME 110/10) REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.C.S.HRITHIK THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR, J. ------------------------------ W.P.(C).No.8717 of 2010 ------------------------------- Dated this the 25th day of June, 2010 JUDGMENT Petitioner who is the de facto complainant and the injured in Crime No.110/2010 of Kunnathunadu Police Station originally registered for offences punishable under Sections 143, 147, 148, 341, 447, 308, 323, 427 & 324 read with Section 149 of I.P.C. seeks further investigation of the case by a competent officer. According to the petitioner, in the night of 15/2/2010 at about 11.30 p.m. he was assaulted from the pathway in front of his house by one Subash and five other identifiable persons using deadly weapons including sword resulting in the petitioner sustaining injuries including grave injuries to his head and other parts of the body. Ext.P2 discharge certificate issued by the Medical College Hospital, Kolenchery reveals that the petitioner had sustained injury with a sword in the scalp indicated by a lacerated wound measuring 3x0.5x1 cm. on the left parietal region besides abrasions on the right and left knee and over left arm. The petitioner would further have it that on 16/2/2010 itself the W.P.(C)No.8717/2010 : 2 : Sub Inspector of Police, Kunnathunadu filed a report before the Judicial Magistrate of the First Class, Kolenchery showing the names and addresses of the afore mentioned Subash and four other accused persons and also deleted Section 308 of I.P.C. and on the same date the accused were enlarged on bail by the Sub Inspector of Police. 2. The learned Government Pleader on instructions submitted that the occurrence raises an environmental issue and that the petitioner who is an excavator operator was assaulted by the nearby residents and the attack on the petitioner was due to the protest against the removal of earth using excavators and that the final report has already been filed before the Judicial Magistrate of the First Class, Kolenchery on 28/2/2010 and the learned Magistrate has taken cognizance of the aforementioned offences other than the offence punishable under Section 308 of I.P.C. and has registered the case as C.C.No.227/2010. 3. Now that the learned Magistrate has taken cognizance of the offences and has taken the case on file as C.C.No.227/2010, in the light of the decision of the Apex Court W.P.(C)No.8717/2010 : 3 : in Sakiri Vasu Vs. State of Punjab (2008 (1)KLT 724 (SC) the remedy of the petitioner is to move the Magistrate for a further investigation in case the petitioner is able to show that the investigation conducted by the Sub Inspector of Police, Kunnathunadu was unsatisfactory and opposed to the provisions of the law. 4. Reserving the above right of the petitioner this writ petition is disposed of. V.RAMKUMAR, JUDGE skj