IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 26TH FEBRUARY 2008 / 7TH PHALGUNA 1929 Crl.MC.No. 604 of 2008() ------------------------ CRIME NO.32/2007 OF MALAPPURAM POLICE STATION PETITIONER: ----------------- NOORUDHEEN THOTTITHODY, AGED 40 YEARS S/O.HAMZA, THOTTITHODY HOUSE MAKKARAPARAMBA (P.O), MALAPPURAM. BY ADV. SRI.ESM.KABEER SRI.N.ABUL MAJEED RESPONDENTS: --------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. 2. CIRCLE INSPECTOR OF POLICE MALAPPURAM. 3. SUB INSPECTOR OF POLICE MALAPPURAM. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No.604 of 2008 = = = = = = = = = = = = = = Dated this the 26th day of February, 2008 ORDER The petitioner, who is the de facto complainant in Crime No.32/2007 of Malappuram Police Station for offences punishable under Sections 341 and 326 read with 34 IPC, seeks a direction to entrust the investigation of the said case with an officer not below the rank of a Superintendent of Police, Malappuram or with the Crime Branch Police. 2. The alleged incident took place on 10.1.07 at about 9.45 p.m, when the petitioner who was going home from his shop in a Scorpio Car was intercepted by the accused persons who came on motor cycles and attacked using deadly weapons including sword. He sustained very serious injuries. Even after one year of the occurrence, the Police have not made any headway. The accused have not been apprehended so far. The final report has also not been filed before the court. The investigation was initially conducted by the Sub Inspector of Police, Malappuram and is presently conducted by the Circle Inspector of Police, Malappuram. Except alleging that the investigation could not Crl.M.C.No. 604 of 2008 2 make any progress due to the non co-operation of the petitioner, there is nothing discernible in that behalf. 3. Under these circumstances, I am inclined to entrust the investigation with the Deputy Superintendent of Police, Malappuram in the hope that the investigation by him shall unearth the circumstances attending the occurrence and will result in the apprehension of the culprits behind the occurrence. Accordingly, the C.I. of Police, Malappuram will hand over the investigation to the Deputy Superintendent of Police, Malappuram who shall conduct a fair and impartial investigation and file a final report before the court below, expeditiously. This Crl.M.C is disposed of as above. V. RAMKUMAR, JUDGE sj