IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 11TH JANUARY 2010 / 21TH POUSHA 1931 WP(C).No. 25545 of 2009(Q) --------------------------------------- CRIME NO.93/2004 OF ATHOLI POLICE STATION. ................. PETITIONER(S): --------------------- V.M. RAJALAKSHMI, PROPRIETOR, KAIRALI GAS AGENCY, ULLIYERI, RARAM PARAMBATH HOUSE, NAGATHINKAL PARAMBA, GOVT.ARTS COLLEGE P.O., KOZHIKODE, KERALA. BY ADV. MR.G.HARIHARAN MR.PRAVEEN HARIHARAN RESPONDENT(S): ------------------------ 1. SUPERINTENDENT OF POLICE (RURAL), KOZHIKODE DISTRICT. 2. DEPUTY SUPERINTENDENT OF POLICE, THAMARASSERY, KOZHIKODE DISTRICT. 3. SUB INSPECTOR OF POLICE, ATHOLI POLICE STATION, KOZHIKODE DISTRICT. 4. SALEENA, W/O.MUHAMMED ALI, PUTHALATH VEEDU, KINALOOR P.O., (VIA) BALUSSERY,KOZHIKODE DISTRICT. 5. MUHAMMED ALI, S/O.ABOOBACKER, PUTHALATH VEEDU, KINALOOR P.O., (VIA) BALUSSERY, KOZHIKODE DISTRICT. 6. STATE OF KERALA, REP.BY THE SECRETARY TO GOVERNMENT, (HOME DEPARTMENT), SECRETARIAT, THIRUVANANTHAPURAM. R1 TO R3 & R6 BY GOVERNMENT PLEADER MR.P.A. SALIM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. =========================== W.P.(C)No. 25545 OF 2009 =========================== Dated this the 11th day of January,2010 JUDGMENT This petition is filed under Article 226 of the Constitution of India for a writ of mandamus commanding the first respondent to take follow up action on Ext.P4 complaint filed by the petitioner before the first respondent Superintendent of Police,(Rural), Kozhikode and also for a writ of mandamus commanding first respondent to conduct proper inquiry on Ext.P8 recommendation. According to the petitioner, she belongs to Cheruma caste, which is a schedule caste community and she had filed Ext.P2 complaint before second respondent Deputy Superintendent of Police, Thamarassery and no action was taken on her complaint with regard to the gas agency run by the petitioner allotted under Ext.P1, by Hindustan Petroleum W.P.(C)25545/2009 2 Corporation and thereafter Crime No.93/2004 of Atholi Police Station was registered under Ext.P3 F.I.R, for offences under section 420 and 506(i) read with section 34 of Indian Penal Code. It is contended that a statement purporting to be given by the petitioner was recorded, which does not contain the full and correct statement given by the petitioner and therefore Ext.P4 complaint was filed before first respondent for a proper investigation. Still no action was taken. Hence Ext.P5 complaint was filed before the Kerala State Womens Commission and Ext.P7 complaint before the Chairman of the Kerala State Commission for Scheduled Caste and Scheduled Tribe. By Ext.P8 order the complaint was forwarded to second respondent Deputy Superintendent of Police for proper investigation. It is alleged that still no proper investigation is being conducted. 2. Second respondent filed a statement showing the details of the investigation. It reveals that Crime 93/2004 was registered for the offences under W.P.(C)25545/2009 3 section 420 and 506(i) read with section 34 of Indian Penal Code and Section 3(1)(x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act on 10.6.2004 at Antholy Police Station and the case was originally investigated by the predecessors Deputy Superintendent of Police. After completing the investigation final report was submitted for the offences under section 420, 506 (i) read with section 34 of Indian Penal Code and Section 3(1) (x) of Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act against the accused Muhhammed Ali and his wife Saleena. It is pending before Sessions Court, Kozhikode as S.C.1396/2006. It is submitted that a proper investigation was conducted and later a report has been filed before Sessions Court on 8.8.2009 for allowing to record the statement of Maheshlal necessary witness. But the request was rejected by the Court and the entire Case Diary is now with the public prosecutor. 3. Learned counsel appearing for the W.P.(C)25545/2009 4 petitioner and learned Public Prosecutor were heard. 4. The argument of the learned counsel is that in spite of the direction in Ext.P8, by the Kerala State Commission for Scheduled Caste and Scheduled Tribe, no proper investigation is being conducted and Ext.P4 petition was not considered by first respondent and therefore sufficient directions are to be issued. 5. After completing the investigation, a final report has been filed before the court and learned Sessions Judge has taken cognizance of the offences. In such circumstances, I do not find any justification for a direction to the Investigating Officer to consider the question whether the entire statement of the petitioner was recorded properly by the Investigating Officer. It is a matter for consideration by the learned Sessions Judge at the time of trial. A statement recorded by the police under section 161 of Code of Criminal procedure, can only be used for the limited purpose provided W.P.(C)25545/2009 5 under section 162. Therefore I do not find any necessity to give a direction as sought for. The direction in Ext.P8 is only for considering the complaint filed by the petitioner. It is not a specific direction as sought for. In such circumstances, based on Ext.P8 also, there cannot be a direction for further investigation. If Investigating Officer finds that the investigation based on any other material, either documentary or oral, Investigating Officer finds that a further investigation is to be conducted, it is upto the Investigating Officer to seek the permission of the Sessions Court, as provided under section 173(8) of Code of Criminal Procedure. I find no other direction is warranted. Petition is disposed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006