IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 11TH DECEMBER 2009 / 20TH AGRAHAYANA 1931 WP(C).No. 33538 of 2008(P) ---------------------------------------- CMP.NO.3831/2008 OF JUDICIAL FIRST CLASS MAGISTRATE COURT I, NEYYATTINKARA. CRIME NOS.129/2007 OF VELLARADA POLICE STATION 84/2007 OF ARYANCODE POLICE STATION 165/2007 OF ARYANCODE POLICE STATION ....... PETITIONER(S): ------------------------- V.Y.SREEKUMAR, N.V.BUNGLOW, VALIYAVAZHI, KEZHAROOR VILLAGE, OTTASEKHARA MANGALAM, THIRUVANANTHAPURAM. BY ADV. MR.R.GOPAN RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM. 3. A.D.G.P.(CRIMES) ADG CRIMES HEADQUARTERS ENCHAKKAL, THIRUVANANTHAPURAM. 4. SISUPALAN, DEPUTY SUPERINTENDENT OF POLICE, CBCID, JAWAHAR NAGAR, THIRUVANANTHAPURAM. R1 TO R3 BY GOVERNMENT PLEADER MR. S.U. NAZAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.33538/2008 P APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE FIR NO.129/2007 DTD. 16/05/2007 OF VELLARADA POLICE STATION. P2: COPY OF THE FIR NO.84/2007 DTD. 14/05/2007 OF ARYANCODE POLICE STATION. P3: COPY OF THE WOUND CERTIFICATE ISSUED BY TALUK HOSPITAL, NEYYATTINKARA DTD. 14/05/2007. P4: COPY OF THE JUDGMENT IN WPC.NO.19277/2007 DTD. 11/07/2007 OF THIS HON'BLE COURT. P5: COPY OF THE FIR NO.165/2007 OF ARYANCODE POLICE STATION DTD. 8/09/2007. P6: COPY OF THE WOUND CERTIFICATE DTD. 18/09/2007 ISSUED BY KERALA INSTITUTE OF MEDICAL SCIENCE, TRIVANDRUM. P6(A): COPY OF THE TREATMENT CERTIFICATE DTD. 28/09/2007 ISSUED BY KERALA INSTITUTE OF MEDICAL SCIENCE, TRIVANDRUM. P7: COPY OF THE JUDGMENT IN WPC.NO.23657/2007 DTD. 4/12/2007 OF THIS HON'BLE COURT. P8: COPY OF ORDER IN CRL.M.C.1719/2007 DTD. 14/08/2007 OF THE SESSIONS COURT, THIRUVANANTHAPURAM. P9: COPY OF THE POSTAL RECEIPT AND REPRESENTATION DTD.9/04/2008 SUBMITTED BY THE PETITIONER BEFORE THE HIGHER AUTHORITY. P10: COPY OF THE POSTAL RECEIPT DTD. 7/04/2008 AND REPRESENTATION. P11: COPY OF THE RECEIPT DTD. 1/05/2008 AND COMPLAINT FILED BY THE PETITIONER TO THE 3RD RESPONDENT. P12: COPY OF THE POSTAL RECEIPT AND COMPLAINT DTD. 5/10/2008. P13: COPY OF THE CUSTODY APPLICATION AND BAIL ORDER DTD.7/11/2008. P14: COPY OF THE NEWS REPORT IN MANGALAM DAILY DTD. 12/04/2008. Kss ..2/- ..2.... WPC.NO.33538/2008 P P14(A):COPY OF THE NEWS REPORT IN MANGALAM DAILY DTD. 13/04/2008. P15: COPY OF CMP NO.3831/2008 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT I, NEYYATTINKARA DTD. 10/07/2008. P16: COPY OF THE ORDER IN CMP NO.3831/2008 DTD. 15/07/2008 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT I, NEYYATTINKARA. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss M.SASIDHARAN NAMBIAR,J. ========================== W.P(C)No.33538 OF 2008 =========================== Dated this the 11th day of December,2009 JUDGMENT By Ext.P7 order in the Writ Petition 23657/2007, Director General of Police was directed to ensure that Ext.P4, P5 and P15 crimes are got investigated by the officials of the Crime Branch CID, not below the rank of Dy.SP and necessary orders to this effect shall be issued by the Director General of Police within a period of 45 days and no final report shall be submitted till the Officer as directed conducts investigation. Petitioner the de facto complainant thereafter filed Ext.P15 petition before Judicial First Class Magistrate CourtI, Neyyattinkara under section 156(3) of the Code of Criminal Procedure for giving sufficient directions regarding the investigation of the case. By Ext.P16 order, learned Magistrate dismissed the petition holding that investigation is to be conducted by the police in accordance with law. This petition is filed thereafter under Article 226 of the Constitution of India for a writ of certiorari, to quash Ext.P16 order and for a direction to the Director W.P.(C)33538/2008 2 General of Police to handover investigation to some other competent officer and to conduct an inquiry against the fourth respondent the Investigating Officer. Fourth respondent is Sisupalan, the then Deputy Superintendent of Police, Thiruvananthapuram. The Present Investigating Officer Sri.M.B.Chandrakshan Nair,Dy.Superintendent of Police, CBCID, Thiruvananthapuram. He filed a detailed statement stating that he took over the investigation on 11.11.2008 twice there was direction to conduct proper investigation. 2. Learned Public Prosecutor also submitted that the case is being investigated not by the fourth respondent, but the subsequent Deputy Superintendent of Police who was taken charge. 3. In such circumstances, I find no necessity to direct the Director General of Police to entrust the investigation to some other Dy.SP as sought for. The Dy.SP against, whom petitioner raised apprehension is now not in charge of the investigation. Though petitioner sought several directions with regard to the investigation and the application was dismissed by the learned Magistrate I find no reason to interfere with that order. It is for the present Investigating Officer to investigate the case from all angles ruling out all the apprehensions raised by the W.P.(C)33538/2008 3 petitioner. I find no reason to believe that a fair investigation will not be conducted. In such circumstance, petition is dismissed. M.SASIDHARAN NAMBIAR w/ JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006