IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 18TH AUGUST 2008 / 27TH SRAVANA 1930 WP(C).No. 18762 of 2008(H) -------------------------- PETITIONER: ------------ MR.IBRAHIM KUTTY, AGED 52 YEARS, S/O. MYTHEEN KUNJU, KUZHUVILAHEKKATHIL, NORTH MYLAKKADU, KOLLAM BY ADV. SRI.C.UNNIKRISHNAN (KOLLAM) SRI.V.VENUGOPALAN NAIR RESPONDENTS: ------------- 1. STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVT, OF KERALA DEPARTMENT OF HOME, SECRETARIAT, TRIVANDRUM 2. THE DIRECTOR GENERAL OF POLICE TRIVANDRUM 3. THE ASST,. DIRECTOR GENERAL OF POLICE (CRIMES) TRIVANDRUM 4. THE SUPERINTENDENT POLICE SPECIAL INVESTIGATION TEAM-1,MUTTADA, TRIVANDRUM. 5. MR.ROBERT, DY.S.P.SPECIAL INVESTIGATION TEAM-1 MUTTADA, TRIVANDRUM. 6. ALEXANDER THANKACHAN, S.I.OF POLICE KOTTIYAM, KOLLAM. 7. THE DY.S.P.KOLLAM. R1 TO 4 & 7 BY GOVERNMENT PLEADER SRI. GIKKU JACOB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - W.P.C.No. 18762 of 2008 H - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of July, 2008 JUDGMENT The petitioner is arrayed as an accused in a crime alleging commission of offences punishable, inter alia, under Sections 498B & C r/w. 34 I.P.C. According to the petitioner, he has been falsely implicated by the 6th respondent with questionable and oblique motive. Investigation was not being conducted by the proper authority. In these circumstances the petitioner had come to this Court with a grievance that the investigation is left at the hands of persons, who are not competent to conduct the investigation. 2. Notice was given to the learned Prosecutor, who, after taking instructions, has filed a statement. It is evident from the statement that the Dy.S.P. of the Counterfeit Squad, Trivandrum is conducting the investigation now as per order dt.1.7.2008. The first part of the grievance is thus satisfied. W.P.C.No. 18762 of 2008 2 3. The learned Prosecutor in these circumstances submits that this petition may now be dismissed in as much as the basic grievance of the petitioner has been satisfied. The learned counsel for the petitioner, on the contrary, submits that the proceedings may continue and it may be held unambiguously that the 6th respondent is guilty of contumacious conduct with reference to the investigation in this crime, i.e. Crime No.188 of 2008 of Kottiyam police station. 4. I find merit in the opposition by the learned Prosecutor. Investigation is now entrusted with the Dy.S.P., Counterfeit Squad of the Crime Branch and in the investigation of this crime the present Senior Investigating Officer will certainly consider the grievance of the petitioner that the 6th respondent has been guilty of contumacious conduct in connection with the investigation. I have no reason to assume that the present Investigating Officer shall not advert to that aspect of the matter. He must consider the grievance of the petitioner about such improper conduct on the part of the 6th respondent, a police official. Appropriate action, if any found necessary, needless to say, shall be taken. More over, if the petitioner has any grievance about the W.P.C.No. 18762 of 2008 3 nature of the investigation, he can and must certainly approach the learned Magistrate and air his grievances, whereupon the learned Magistrate, as held in Sakiri Vasu v. State of U.P. (2008 (1) KLT 724 (SC), must issue appropriate direction to the present Investigating Officer. 5. The counsel for the petitioner points out that the Intelligence Wing of the police had conducted an investigation and had submitted a report favourable to the petitioner. Needless to say, the present Investigating Officer must consider such report of the Intelligence Wing, if any, and take necessary action. The petitioner can request the learned Magistrate to issue appropriate directions to the Investigating Officer with regard to such Intelligence report also. 6. With the above observations this writ petition is dismissed. (R. BASANT) Judge tm