IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 4TH JUNE 2010 / 14TH JYAISTHA 1932 WP(C).No. 10553 of 2010(Q) -------------------------- PETITIONER: --------------- VASUDEVAN,S/O.KUNJIKRISHNAN,RADHA BHAVAN CHIITATTUMUKKU DESOM,KADINAMKULAM,KZAHAKKOOTTAM, THIRUVANANTHAPURAM. BY ADV. SRI.LIJU. M.P RESPONDENTS: --------------- 1. DIRECTOR GENERAL OF POLICE, KERALA STATE POLICE,THIRUVANANTHAPURAM. 2. THE SUPERINTENDENT OF POLICE(RURAL), THIRUVANANTHAPURAM DISTRICT. 3. DEPUTY SUPERINTENDENT OF POLICE(ADM.), THIRUVANANTHAPURAM(RURAL). 4. DEPUTY SUPERINTENDENT OF POLICE, D.C.R.B, THIRUVANANTHAPURAM(RURAL) 5. THE CIRCLE INSPECTOR OF POLICE, KAZHAKKOOTTAM . 6. THE SUB INSPECTOR OF POLICE, KADINAMKULAM POLICE STATION,KADINAMKULAM. 7. THE A.I.G.P(PUBLIC GRIEVANCE)KERALA, OFFICE OF AIGP,THIRUVANANTHAPURAM. 8. STATE OF KERALA, REPRESENTED BY SECRETARY, DEPARMENT OF HOME, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SHRI.C.M.NAZAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.RAMKUMAR, J. ------------------------------------- W.P.(C)No.10553 of 2010 -------------------------------------- Dated this the 4th day of June, 2010 ORDER Petitioner who is the father of accused Nos.1 and 2 in Crime No.19/07 of Kadinamkulam Police Station registered for an offence punishable under Sections 324, 354 & 427 read with Section 34 I.P.C. inter alia seeks to entrust the investigation of the said case with a special investigation team comprising of Police Officers other than respondents 4 to 6 (DYSP, DCRB, Thiruvananthapuram, C.I. of Police, Kazhakoottam and S.I. of Police, Kadinamkulam) and to monitor the investigation. 2. The learned Public Prosecutor on instructions submitted that the case was originally investigated by the sixth respondent SI of Police, Kadinamkulam Police Station and as per the orders of Superintendent of Police (Rural), Thiruvananthapuram the investigation was handed over to DYSP, DCRB, Thiruvananthapuram and after conclusion of investigation the said officer has W.P.(C).No.10553/2010 : 2 : already laid the charge before the Judicial Magistrate of the First Class, Attingal where the case has been registered as C.C.No.763/2009. 3. When the investigation was concluded one year ago and the offence has been taken cognizance of by the Magistrate, the remedy of the petitioner is either to seeks further investigation under Section 173(8) of Code of Criminal Procedure by filing appropriate petition before the Magistrate. He cannot straight away approach this Court and seek directions. Without prejudice to the right of the petitioner to move the Magistrate in terms of Sakiri Vasu Vs. State of UP 2008(1)KLT 724(SC) and Kunga Nima Lepcha & others Vs. State of Sikkim & others 2010 (4) SCC 513, this Writ Petition is dismissed. V.RAMKUMAR, JUDGE skj