IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 21ST JUNE 2011 / 31ST JYAISHTA 1933 WP(C).No. 15015 of 2011(B) ---------------------------------------- PETITIONER(S): ------------------------ SHAJI, AGED 40 YEARS, S/O.SASIDHARAN, LAKSHMIVILASAM VEEDU, CHIRAKKARATHAZHATHU CHERRY, CHIRAKKARA VILLAGE, CHIRAKKARA P.O., KOLLAM DISTRICT. BY ADV. SRI.C.RAJENDRAN RESPONDENT(S): -------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE HOME SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM-PIN-695 001. 2. THE DISTRICT POLICE SUPERINTENDENT OF POLICE (RURAL), KOLLAM DISTRICT-691 001. 3. THE SUB INSPECTOR OF POLICE, PARIPPALLY POLICE STATION, KOLLAM DISTRICT-691 574. R1 TO R3 BY GOVERNMENT PLEADER SRI.JAYASURYA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts 2/- -2- WP(C)NO.15015/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE FIR IN CRIME NO.547/2011 OF PARIPPALLY POLICE STATION. P2 COPY OF THE FIS IN CRIME NO.547/2011 OF PARIPPALLY POLICE STATION. P3 COPY OF THE PETITION DATED 10/5/2011. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.S.TO.JUDGE sts THOMAS P.JOSEPH, J. ==================================== W.P(C) No.15015 of 2011 ==================================== Dated this the 21st day of June, 2011 J U D G M E N T Petitioner is the first accused in Crime No.547 of 2011 of Parippally Police Station for offences punishable under Sections 143, 147, 148, 323, 324, 326, 294(b) and 341 read with Section 34 of the Indian Penal Code. Case is that petitioner and others assaulted the de facto complainant with deadly weapons including sword on 08.05.2011 at about 9.45 p.m. According to the petitioner allegations made against him are false and he has been falsely implicated for the reason that he happened to give a complaint against the de facto complainant to the Revenue Divisional Officer complaining of quarrying of laterite stones from near the house of petitioner. Learned counsel made a fervent plea that since the investigation is not going on in the proper line it may be entrusted to a police Officer not below the rank of Deputy Superintendent of Police. Case is now being investigated by the Sub Inspector. It is not made out that investigation is unfair as petitioner contends so that this Court should interfere at the instance of petitioner who is W.P(C) No.15015 -: 2 :- mentioned in the FIR as the first accused. Any inadequacy or illegality in the investigation is something which the petitioner can bring out at the time of trial of the case. I do not find reason to entrust investigation of the case to any other agency. Writ Petition is dismissed. THOMAS P. JOSEPH, JUDGE. vsv