IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 1ST MARCH 2011 / 10TH PHALGUNA 1932 WP(C).No. 5243 of 2011(E) -------------------------------------- PETITIONER(S): ------------------------- RAJESH JOHN, S/O.JOHN, AGED 29 YEARS, NOW RESIDING AT T.C.7/1652, SREE CHITRA NAGAR, HOUSE NO.A 52, PANGODU, OPPOSITE INSPECTION BUNGLAW, THIRUMALA.P.O., THIRUVANANTHAPURAM. BY ADVS. SRI.P.V.ANIL, SMT.R.RAMYA. RESPONDENT(S): ---------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, 682 031. 2. THE COMMISSIONER OF POLICE, THIRUVANANTHAPURAM CITY - 695 001. 3. THE SUB INSPECTOR OF POLICE, MUSEUM POLICE STATION, THIRUVANANTHAPURAM - 695 033. R1 T R3 BY GOVERNMENT PLEADER SRI. K.J.MOHAMMED ANZAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/03/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss THOMAS P. JOSEPH, J. -------------------------------------- W.P. (C.) No.5243 of 2011 -------------------------------------- Dated this the 1st day of March, 2011. JUDGMENT Petitioner is aggrieved, according to him since his statement has not been properly recorded and all assailants are not mentioned in the FIR. Case is that petitioner was assaulted by certain persons on 11.01.2011 regarding which the Museum Police, Thiruvananthapuram has registered Crime No.57 of 2011. The FIR has been produced in the court of learned Chief Judicial Magistrate, Thiruvananthapuram for offences punishable under Sections 341, 323, 324, 326, 506(ii) and 427 read with Section 34 of the Indian Penal Code. According to the petitioner, his statement recorded by Police does not reveal gravity of incident and all the assailants are not shown in the FIR. Petitioner has therefore filed Ext.P7, complaint dated 26.01.2011 to the Commissioner of Police, Thiruvananthapuram. Petitioner wants the case to be investigated by an officer above the rank of Deputy Superintendent of Police and a direction to take statement of petitioner afresh in accordance with law. 2. Learned Public Prosecutor submitted that the case is being investigated by the Sub Inspector of Museum Police Station, Thiruvananthapuram and that the investigation is in the preliminary stage. Having regard to the nature of incident and as the investigation is proceeding, I WP(C) No.5243/2011 2 do not think that investigation has to change hands. The Investigating Officer has to continue the investigation as provided under law. He shall consider the grievance of petitioner stated in Ext.P7, complaint preferred to the Commissioner of Police, Thiruvananthapuram. If any further direction in the matter is required petitioner can approach the court of learned Chief Judicial Magistrate, Thiruvananthapuram. With the above direction, this petition is closed. THOMAS P.JOSEPH, Judge. cks