IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 8TH SEPTEMBER 2010 / 17TH BHADRA 1932 WP(C).No. 24321 of 2010(Q) ---------------------------------------- FIR NO.433/2010 OF CHERTHALA POLICE STATION. ............... PETITIONER(S): ------------------------ BALACHANDRA PAI, KIZHAKKE KOVALAKATHU, PALLIPPURAM P.O., CHERTHALA, ALAPUZHA DISTRICT, PIN – 688 541. BY ADV. SRI.MANSOOR.B.H. RESPONDENT(S): -------------------------- 1. SUB INSEPCTOR OF POLICE, CHERTHALA POLICE STATION, CHERTHALA P.O. 2. DEPUTY SUPERINTENDENT OF POLICE (NARCOTIC CELL), DY.S.P'S OFFICE, ALAPPUZHA. 3. DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTES, THIRUVANANTHAPURAM. 4. DIRECTOR GENERAL OF POLICE (CRIMES), CB CID, THIRUVANANTHAPURAM. R1 TO R4 BY GOVT. PLEADER MR.P.A. SALIM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/09/2010,ALONG WITH WPC NO. 23440 OF 2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. =========================== W.P.(C)No. 24321 & 23440 OF 2010 =========================== Dated this the 8th day of September,2010 JUDGMENT W.P.(C)24321/2010 is filed by the husband of deceased Rekha who committed suicide on 10.4.2010 by hanging. Crime 433/2010 is registered under section 306 and 498A read with section 34 of Indian Penal Code. Case is now being investigated by the Deputy Superintendent of Police, (Narcotic Cell), Alappuzha. Writ Petition 24321/2010 is filed seeking transfer of the investigation to the CBCID contending that it is to be investigated by a superior officer as the accused is a Police Constable. W.P.(C)23440/2010 is filed by the wife of that Police Constable seeking a direction to constitute a special team headed by the Senior Officer of Crime Branch to carry out a fair and W.P.(C)24321 & 23440 of 2010 2 impartial investigation. A statement is filed by the Investigating officer in both the cases. From the statement of the Investigating officer, it is revealed that though the accused Police Constable was suspended, he was not arrested. The progress of the investigation reveals that the case is not being properly investigated. In such circumstances, considering the fact that the suspected is a Police Constable and he is absconding, which fact itself is being disputed by the petitioner in W.P.(C)24321/2010, it is absolutely necessary to transfer the investigation to the Crime Branch so that the investigation could be carried out by a superior officer not below the rank of Dy.SP. W.P.(C)24321/2010 is allowed directing the third respondent to transfer the investigation of Crime 433/2010 of Cherthala Police Station to CBCID with instruction to investigate the case by a competent officer not below the rank of a Dy.SP. The investigation is to be conducted fairly and W.P.(C)24321 & 23440 of 2010 3 expeditiously. In view of the fact that W.P.(C) 23440/2010 is filed by the wife of the suspected, it is dismissed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006