IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 30TH JUNE 2011 / 9TH ASHADHA 1933 WP(C).No. 17643 of 2011(E) ----------------------------------------- PETITIONER(S): ------------------------ SUMA.J., D/O. JAYAKUMARY, KOODATHIL VEEDU, KULATHOOR.P.O., THIRUVANANTHAPURAM. BY ADV. SRI.BIJU BALAKRISHNAN RESPONDENT(S): --------------------------- 1. THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS,THIRUVANANTHAPURAM - 695 001. 2. THE CITY POLICE COMMISSIONER, THIRUVANANTHAPURAM - 695 001. 3. THE CIRCLE INSPECTOR OF POLICE, MEDICAL COLLEGE POLICE STATION, THIRUVANANTHAPURAM - 695 001. 4. THE SUB INSPECTOR OF POLICE, THUMBA POLICE STATION,THIRUVANANTHAPURAM - 695 001. 5. SUBRAMANIAN, S/O. SUDAKARAN, PUTHUVAL MANAKKAD, NEAR KULATHOOR HIGHWAY GURU MANDIRAM, KULATHOOR.P.O.,THIRUVANANTHAPURAM, 695 006. R1 TO R4 BY GOVERNMENT PLEADER SRI. B. JAYASURYA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.17643/2011 E APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE WOUND CERTIFICATE DTD. 7/06/2011 ISSUED FROM THE GENERAL HOSPITAL, THIRUVANANTHAPURAM. P2: COPY OF THE COMPLAINT DTD. 16/06/2011 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. P3: COPY OF THE RECEIPT DTD. 16/06/2011 ISSUED FROM THE OFFICE OF THE 2ND RESPONDENT. P4: COPY OF THE COMPLAINT DTD. 20/06/2011 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss THOMAS P JOSEPH, J. ---------------------------------------- W.P(C).No.17643 of 2011 --------------------------------------- Dated this 30th day of June, 2011 JUDGMENT Petitioner is the wife of fifth respondent. There developed ill feeling among them. It is alleged that fifth respondent subjected petitioner to cruelty and on 06.06.2011 at about 10.30p.m fifth respondent attacked petitioner with iron rod and attempted to cause her death. Petitioner was taken into General Hospital, Thiruvananthapuram. Ext.P1 is the copy of wound certificate of petitioner. Grievance of petitioner is that though the fourth respondent (Sub Inspector, Thumba) registered a case against fifth respondent as Crime No.279 of 2011, it was merely for offence under Sec.498A of the Indian Penal Code. But, no offence for attempt to commit murder was incorporated. Learned counsel submitted that it happened at the influence of the fifth respondent. Hence, petitioner approached respondents 1 and 2 with Exts.P4 and P2, complaints respectively but, no action was taken. Hence this petition seeking a direction to respondents 1 to 4 to conduct proper investigation of Crime No.279 of 2011 based on allegations in Ext.P2 and incorporate appropriate section of offence against fifth respondent, his parents and sister. I have W.P(C).No.17643 of 2011 -: 2 :- heard learned Public Prosecutor as well who took notice for respondents. 2. This Court cannot in the course of investigation interfere and say who all are to be impleaded as accused and which all offences are to be incorporated or deleted. That is a matter within the realm of investigation. If Exts.P4 and P2, complaints have been given to respondents 2 and 3, respectively and the same are not disposed of, they shall look into those complaints and do the needful. Resultantly, with the direction that respondents 2 and 3, if they are in receipt of Exts.P4 and P2, complaints, respectively and the same have not been disposed of so far, shall look into the matter and pass appropriate order this criminal miscellaneous case is closed. Petitioner shall give a copy of this order to respondents 2 and 3. (THOMAS P JOSEPH, JUDGE) Sbna/-