IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 4TH NOVEMBER 2008 / 13TH KARTHIKA 1930 WP(C).No. 32387 of 2008(E) -------------------------- CRIME NO. 452/08 OF MUKKOM POLICE STATION PETITIONER: --------------- KOLAKKADAN MOOSA HAJI, AGED 70 YEARS S/O. ABOOBACJKER, KOLAKKADAN HOUSE CHERUVADI, MAVOOR, KOZHIKODE DIST. BY ADV. SRI.BABU S. NAIR SRI.JIJO PAUL SMT.DEEPTHI S.MENON SMT.M.T.SHEEBA SRI.K.RAKESH RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY THE SECRETARY TO GOVT. DEPARTMENT OF HOME, GOVERNMENT SECRETARIAT TRIVANDRUM. 2. THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, TRIVADNRUM. 3. THE INSPECTOR GENERAL OF POLICE, CRIME BRANCH, TRIVANDRUM. 4. THE DEPUTY SUPERINTENDENT OF POLICE THAMARASSERRY, KOZHIKODE DIST. 5. THE SUB INSPECTOR OF POLICE, MUKKOM POLICE STATION, KOZHIKODE DIST. BY GOVT. PLEADER SRI. AMJAD ALI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - W.P.C.No. 32387 of 2008 E - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of November, 2008 JUDGMENT The petitioner claims to be a public spirited citizen, who had initiated several public interest litigations before courts and authorities. There was an allegation that a 14 year old girl was sexually exploited by different individuals with the active connivance of the step father and mother of the child. The petitioner's son has been arrayed as one of the tormentors of the child and he has been shown as arrested on 17.10.2008. The petitioner has a case that his son is innocent; that he was taken into custody earlier on 16.10.2008. Then he was brutally assaulted by the police and the jail staff. A crime has been registered in respect of that alleged torture while the petitioner's son was in prison and the same is being investigated by the Kasaba police, Kozhikode. 2. The petitioner has now come before this Court complaining that no proper, unbiased, fair and meaningful W.P.C.No. 32387 of 2008 2 investigation is being conducted by the police officials. The petitioner had submitted Ext.P4 complaint before the Director General of Police, who has not considered the same or passed any orders. The petitioner has been running from pillar to post to ensure that justice is done to his son and a proper investigation is conducted. But all his efforts are not fruitful. In these circumstances that the petitioner has come to this Court with this petition under Article 226 of the Constitution to issue appropriate direction to ensure that a proper investigation is conducted in the matter. The counsel for the petitioner prays that in the alternative the Director General of Police may be directed to look into Ext.P4 and take appropriate decision. The learned counsel further prays that there may be a direction to the learned Magistrate to properly supervise the investigation in accordance with the dictum in Sakiri Vasu v. State of U.P. (2008 (1) KLT 724)(SC), which has been followed by this Court in Vasanthi Devi v. S.I. of Police (2008 (1) KLT 945). 3. At the moment and with the available inputs, I am unable to make any observation on the adequacy of the investigation conducted. W.P.C.No. 32387 of 2008 3 Needless to say, the Director General of Police, as the head of the police department, will certainly have to look into Ext.P4 and do the needful. But it is trite after the decision in Sakiri Vasu followed by this Court in Vasanthi Devi (supra) that a person aggrieved by the investigation must first move the Magistrate under Section 156(3) Cr.P.C. and seek appropriate direction. The petitioner's son can do the same. If it be impossible for him to do the same, on his behalf the petitioner can make this request before the learned Magistrate. Needless to say, such request must be considered on merits and appropriate decision taken by the learned Magistrate. With the above observations, this writ petition is dismissed. (R. BASANT) Judge tm