IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 4TH APRIL 2011 / 14TH CHAITHRA 1933 WP(C).No. 18731 of 2010(Q) ------------------------------------------ PETITIONER(S): ------------------------- SHAHIM, AGED 26, S/O.SHAHUL HAMEED, S.J.NIVAS, KALLADICHUVILA, CHEMPAZHANTHI, THIRUVANANTHAPURAM. BY ADVS. SRI.VINOJ RAJAN, SRI.SUNNY ZACHARIA. RESPONDENT(S): ---------------------------- 1. PRADEEP KUMAR, CIRCLE INSPECTOR OF POLICE, KOTTARAKKARA (WORKED AS THE SUB INSPECTOR OF POLICE, MANGALAPURAM POLICE STATION AT THE RELAVANT PERIOD. 2. SAJIKUMAR, POLICE DRIVER, MANGALAPURAM POLICE STATION, THIRUVANANTHAPURAM. 3. SUB INSPECTOR OF POLICE, KAZHAKUTTOM POLICE STATION. 4. SUPERINTENDENT OF POLICE, (RURAL), THIRUVANANTHAPURAM. 5. THE CENTRAL BUREAU OF INVESTIGATION REPRESENTED BY ITS RETAINER COUNSEL, HIGH COURT OF KERALA. R3 & R4 BY PUBLIC PROSECUTOR SMT. M.K.PUSHPALATHA R5 BY ADV. SRI.M.V.S.NAMBOOTHIRY,SC, C.B.I. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss THOMAS P. JOSEPH, J. -------------------------------------- W.P(C.) No.18731 of 2010 -------------------------------------- Dated this the 4th day of April, 2011. JUDGMENT Grievance of petitioner is that he was taken into custody by the Police on 28.10.2005 at about 5 a.m. in connection with Crime No.724 of 2005 of Mangalapuram Police Station and manhandled while in custody. It is stated that petitioner was arrested by the Sub Inspector from his house at Mangalapuram. On the complaint of petitioner, Kazhakkuttom Police registered Crime No.74 of 2006 but, according to the petitioner there was no investigation. Hence it is prayed that direction may be given to respondent No.5 to take over investigation of Crime No.74 of 2006 of Kazhakkuttom Police Station. Learned counsel submitted that no investigation was conducted by the Kazhakkuttom Police. I have heard learned Public Prosecutor also. 2. I called for information from learned Judicial First Class Magistrate- II, Attingal through Registrar (Judicial) of this Court. It is reported that a refer report was filed in Crime No.74 of 2006 by Kazhakkuttom Police before learned Magistrate on 02.11.2010, notice was ordered to the petitioner on that report and the case was posted on 14.12.2010. It is stated that notice was served (allegedly on petitioner) by affixture at his residence. Case was thereafter posted for appearance of petitioner on 27.12.2010 and as there was no appearance, the refer report was accepted. WP(C) No.18731/2010 2 3. Learned counsel submitted that all those developments took place after filing of this Writ Petition and hence have to be ignored. 4. As reported, the refer report is accepted by the learned Magistrate. It is another question whether acceptance of refer report was correct or not. Since there is a refer report and that has been accepted by the learned Magistrate petitioner is to pursue other remedies available to him as provided under law. In the light of the refer report and it stands no question of further investigation is raised in this proceeding. Without prejudice to other remedies if any available to the petitioner as provided under law, this petition is closed. THOMAS P.JOSEPH, Judge. cks