IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 1ST JULY 2011 / 10TH ASHADHA 1933 WP(C).No. 15898 of 2011(J) -------------------------- PETITIONER : -------------------- ABDUL RAZAK @ RAZAK, S/O. ABOOBACKER, AGED 43 YEARS, PULADAN HOUSE, WANDOOR, NILAMBUR TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENT(S): ------------------------- 1. THE SUPERINTENDENT OF POLICE, MALAPPURAM, PIN-676 505. 2. THE DEPUTY SUPERINTENDENT OF POLICE, PERINTHALMANNA, MALAPPURAM DISTRICT, PIN-679 322. 3. THE SUB INSPECTOR OF POLICE, WANDOOR POLICE STATION, MALAPPURAM DISTRICT, PIN-679 328. R1 TO R3 BY GOVT. PLEADER SRI. V. MANU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 15898 of 2011(J) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE F.I.R. IN CRIME NO. 350/2010 OF THE WANDOOR POLICE STATION DATED 31-8-2010. EXT.P2 : COPY OF THE PETITION SUBMITTED BY THE PETITIONER BEFORE THE J.F.C.M -II, PERINTHALMANNA AS C.M.P. NO. 4129/2010 DATED 8-10-2010. EXT.P3 : COPY OF THE ORDER IN CRL.M.P. NO. 4129/2010 IN CRIME NO. 350/2010 OF THE WANDOOR POLICE STATION OF THE J.F.C.M-II, PERINTHALMANNA DATED 11-11-2010. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.A. TO JUDGE Mn THOMAS P. JOSEPH, J. ---------------------------------------------- W.P (C) No. 15898 OF 2011 ----------------------------------------------- DATED THIS THE 1st DAY OF JULY, 2011 J U D G M E N T Petitioner is the defacto complainant in Crime No.350 of 2010 of Wandoor Police station for offences punishable under Section 143, 147, 148, 323 and Section 324 read with Section 149 of the IPC. The Sub Inspector investigated the case and submitted final report before learned Judicial First Class Magistrate-II, Perinthalmanna. Petitioner requested further investigation and filed CMP No.4129 of 2010. Learned Magistrate allowed that application by Ext.P3, order dated November 11, 2010. Learned Magistrate observed that there is merit in the contention of petitioner/defacto complainant that the final report is not filed after a proper or complete investigation. 2. Grievance of petitioner is that inspite of the above finding, further investigation was entrusted to the very same officer. Hence this writ petition requesting a direction that the case be investigated by a police officer not below the rank of Dy.SP. Learned counsel submitted that accused are W.P (C) No.15898/2011 -2- influential persons of the locality and hence there is a chance to tamper with evidence. I have hear learned Public Prosecutor also. 3. Learned Magistrate could not have been directed investigation by an officer other than the Station House officer. Hence, there is nothing illegal in learned Magistrate directing the Station House officer to conduct further investigation. But, it is seen from Ext.P3, order that learned Magistrate has observed that there was no proper investigation and in the circumstances, further investigation has to be conducted by an officer superior to the Sub Inspector. In the circumstances it is only proper to re- open investigation. 4. Having regard to the circumstances of the case I am inclined to think that the Deputy Superintendent of Police could undertake further investigation (if further investigation is already not conducted and final report has not been filed before learned Magistrate). Resultantly, this writ petition is allowed in the following lines. (i) It is directed that in case further investigation as ordered by learned Judicial First Class W.P (C) No.15898/2011 -3- Magistrate-II, Perinthalmanna vide order dated November 11, 2010 on Crl.M.P. No.4129 of 2010 in Crime No.350/2010 of Wandoor Police station is not already over and final report in that regard is not filed, such further investigation shall be conducted by Deputy Superintendent of Police, Perinthalmanna. (ii) In case such further investigation is over and final report is already filed, the Deputy Superintendent of Police, Perinthalmanna shall verify the investigation and if necessary conduct further investigation. (iii) Petitioner shall give a copy of this order to the District Police Chief, Malappuram forthwith who shall pass appropriate orders in the matter within 10 days of receipt of the order. Sd/- THOMAS P. JOSEPH JUDGE AMG True copy P.A to Judge