IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 29TH JUNE 2011 / 8TH ASHADHA 1933 WP(C).No. 15862 of 2011(G) ----------------------- PETITIONER : --------------------- MUHAMMED ASHRAF, S/O. A.M.ABDULLA, BELLUR ADUKKA, POST KALAKKATTA, VIA. VIDYA NAGAR, KASARAGOD. BY ADVS. SMT.T.D.RAJALAKSHMI SRI.R.SREEHARI RESPONDENT(S): ------------------------- 1. SUB INSPECTOR OF POLICE, VIDYA NAGAR POLICE STATION, KASARAGOD, PIN-671123. 2. CIRCLE INSPECTOR OF POLICE, KASARAGOD-671 121. 3. DY. SUPERINTENDENT OF POLICE, KASARAGOD - PIN-671 123. 4. STATE OF KERALA, REPRESENTED BY THE SPECIAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001. R1 TO R4 BY GOVT. PLEADER SRI. V. MANU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 15862 of 2011(G) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : PHOTOCOPY OF FIR NO. 34/2011 DATED 20-01-2011 OF VIDYANAGAR POLICE STATION. EXT.P2 : PHOTOCOPY OF THE PETITION FILED BEFORE THE 3RD RESPONDENT. EXT.P3 : PHOTOCOPY OF THE PETITION FILED BEFORE THE HON'BLE HOME MINISTER OF KERALA. EXT.P4 : PHOTOCOPY OF THE PETITION FILED BEFORE THE HON'BLE HOME MINISTER OF KERALA DATED 29-03-2011. EXT.P5 : PHOTOCOPY OF THE PETITION FILED BEFORE THE 2ND RESPONDENT DATED 09-04-2011. EXT.P6 : PHOTOCOPY OF THE PETITION FILED BEFORE THE 2ND RESPONDENT UNDER RIGHT TO INFORMATION ACT DATED 27-5-2011. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.A. TO JUDGE Mn THOMAS P. JOSEPH, J. ----------------------------------------------- W.P (C) No. 15862 OF 2011 ----------------------------------------------- DATED THIS THE 29th DAY OF JUNE, 2011 J U D G M E N T House breaking and theft occurred in the house of petitioner on 20-01-2011. It is alleged that 20 sovereigns of Gold ornaments and Rupees one lakh in cash were stolen. On a complaint given by petitioner to the 1st respondent, Ext.P1, F.I.R was registered. Grievance of petitioner is that even though names of the suspected persons were given to the police, they were neither arrested nor questioned. Due to influence investigation is being dragged on. Hence, this petition seeking a direction to respondents 1 and 2 to investigate Crime No.34 of 2001 of Vidyanagar Police Station under the supervision of the 3rd respondent, arrest culprits and recover stolen articles. Learned Counsel requested that a direction as prayed for be issued. 2. Learned Public Prosecutor submitted that the Circle Inspector of Police, Kasargod has arrested two accused involved in the case on 16-06-2011, they were obtained in police custody on 21-06-2011, questioned and of the golden ornaments stolen, W.P (C) No.15862 of 2011 -2- 10 sovereigns in the form of ingot was recovered. One more accused is to be arrested. Investigation is continuing. Learned Public Prosecutor submitted that the accused and the person suspected to have committed the offence are habitual offenders and hence it may take some time to trace the remaining accused and effect recovery. 3. Having heard both sides, I am not inclined to think that there is any laxity in investigation. It is continuing. A change of investigation is not required, instead it would only affect continuity of investigation. The Court cannot direct that those persons pointed out by petitioner as suspects are to be arrested. Investigation is a matter within the realm of police. I am sure that the Circle Inspector of Police, Kasaragod who is investigating the case will look into all aspects of the matter and expedite investigation as provided under law. With the above direction this writ petition is disposed of. Sd/- THOMAS P. JOSEPH JUDGE AMG True copy P.A to Judge