IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 31ST AUGUST 2010 / 9TH BHADRA 1932 WP(C).No. 15968 of 2010(Q) -------------------------------- (CRIME NO. 49/2010 ON THE FILR OF THE KAZHAKUTTAM POLICE STATION) PETITIONER(S): ----------------- M.IRIN PEREIRA W/O.LATE IGNATIUS PERIRA, ANGEL BHAVAN, MURUNTHIYIL, KIZHAKKATHIL, KUREEPUZHA P.O., THRIKKADAVOOR VILLAGE, KOLLAM. BY ADVS. SRI.SHABU SREEDHARAN SRI.C.K.PRASAD SRI.N.A.JOHN JACOB SRI.P.SANJAY SHENOI RESPONDENT(S): --------------- 1. THE STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, KAZHAKUTTAM POLICE STATION, THIRUVANANTHAPURAM. 2. THE ADDITIONAL DIRECTOR GENERAL OF POLICE, CRIME BRANCH, EANCHACKAL, THIRUVANANTHAPURAM. 3. THE DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM. R1 TO R3 BY GOVT. PLEADER SMT. M.K. PUSHPALATHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: SVS. M.Sasidharan Nambiar, J. -------------------------- W.P.(C)No.15968 of 2010 Q -------------------------- JUDGMENT This petition is filed under Article 226 of Constitution of India for a writ of mandamus directing respondents to order investigation of Crime No.49/2010 of Kazhakkuttam Police Station by the Crime Branch contending that the case is not being properly investigated by the police. It is contended that even though the accused are available, they are not arrested. 2. Sub Inspector of Police, Kazhakkuttam, who is investigating the case, filed a statement showing the progress of the investigation. The statement shows that investigation reveals that accused 1 and 2, the husband and wife, forged documents in the name of the petitioner and registered them as genuine and later transferred the property to one George Varghese and relevant records were sent to Forensic Science Laboratory for getting expert opinion and only after getting the report, final report could be submitted. WPC 15968/10 2 3. As it was contended that accused, though available, are not being arrested, learned Government Pleader was directed to get instructions as to why the accused are not being arrested. Learned Government Pleader submitted that accused 1 and 2 had already appeared before the court and were released on bail. In such circumstances, the Investigating Officer cannot be find fault for not arresting accused 1 and 2. It is also reported that third accused is not in India. In such circumstances, non arrest of the accused is not a ground to transfer the investigation. Statement shows that investigation is proceeding in the proper direction. Therefore, it is not necessary to order investigation by the Crime Branch as sought for. It is made clear that Investigating Officer shall investigate the case properly and submit a final report without undue delay. Petition is disposed. 31st August, 2010 (M.Sasidharan Nambiar, Judge) tkv