IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 9TH FEBRUARY 2011 / 20TH MAGHA 1932 WP(C).No. 3021 of 2011(C) ------------------------- CRIME NO.2080/2007 OF CITY TRAFFIC POLICESTATION, THIRUVANANTHAPURAM PETITIONER(S): --------------- V.CHELLAPPAN PANICKER,AGED 81 KUDUMULIL VEEDU, 28TH STONE,NAVAIKULAM VILLAGE THIRUVANANTHAPURAM DIST BY ADV. SRI.LATHEESH SEBASTIAN RESPONDENT(S): --------------- 1. STATE OF KERALA REP.BY PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM 2. DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, TRIVANDRUM 3. COMMISSIONER OF POLICE, THIRUVANANTHAPURAM. 4. SUB INSPECTOR OF POLICE CITY TRAFFIC POLICE STATION, THIRUVANANTHAPURAM. 5. CENTRAL BUREAU OF INVESTIGATION, REPRESENTED BY THE SUPERINTENDENT THIRUVANANTHAPURAM UNIT. ADV. SRI.P.CHANDRASEKHARAN PILLAI (VENNELA) FOR R5 PUBLIC PROSECUTOR SHRI K.J.MOHAMMED ANZAR FOR R1 TO R4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- W.P.(C) No.3021 of 2011 -------------------------------------- Dated this the 9th day of February, 2011. JUDGMENT Prayer in this petition is to handover investigation of Crime No.2080 of 2007 of City Traffic Police Station, Thiruvananthapuram to some other investigating wing of the Police Department or to the CBI. 2. Petitioner's son, Pradeep who was a Police Constable, died apparently in a motor accident on 26.07.2007. It is alleged that while he was coming to the road he was hit by an ambassador car on 25.07.2007 at about 8 p.m. but, the car sped away. Pradeep succumbed to the injuries on 26.07.2007. The police registered a case and investigated it as if offences involved are under Sections 279 and 304A of the Indian Penal Code and Section 134(a) and (b) of the Motor Vehicles Act. Respondent No.4 was conducting the investigation. It is alleged that investigation is not proper and that there are laches in the investigation. It is the further case of petitioner that Pradeep had some financial dealings with some police officials and no investigation in that line was conducted. The three persons who were allegedly present at the place of occurrence were not questioned. No attempt was made to trace registration number of the car or identify the driver. Petitioner submitted Ext.P2, petition to the Chief Minister and the Director General of Police. He got Ext.P3, reply from the Chief Secretary (in answer to the petition submitted before the Chief Minister) WP(C) No.3021/2011 2 that the City North Circle Inspector, Thiruvananthapuram is conducting investigation. Petitioner filed C.M.P.No.3657 of 2010 before the court of learned Judicial First Class Magistrate-I, Thiruvananthapuram for supervision of the investigation. Learned Magistrate obtained Ext.P5, report from respondent No.4 and based on that, dismissed petition by Ext.P6, order which is under challenge. Learned counsel submitted that there was no proper investigation of the case. 3. It is submitted by learned Public Prosecutor that investigation is being conducted by the Assistant Commissioner, City Traffic Police, Thiruvananthapuram and that investigation revealed that it is a case of motor accident regarding which a factual report was submitted before court concerned on 27.11.2010. It is revealed from Ext.P5, report that of the three persons who were at the place of occurrence at the relevant time, two persons expired and the third is working abroad. It is stated in Ext.P5 that it requires time to ascertain whether the deceased had financial transaction with anybody. 4. Investigation is not completed. There is no reason to interfere with the investigation at this stage or change the agency. Investigation has to proceed further. I am sure, the Investigating Authority will take all necessary steps to question all relevant witnesses to the incident. WP(C) No.3021/2011 3 5. So far as Ext.P6, order is concerned, I make it clear that if at a later point of time supervision by the learned Magistrate is required, it is open to the petitioner to approach the learned Magistrate with appropriate application. If any such application is preferred Ext.P6, order shall not stand in the way of learned Magistrate considering that application and passing appropriate orders. This petition is disposed of with the above direction. THOMAS P.JOSEPH, Judge. cks