IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 24TH FEBRUARY 2010 / 5TH PHALGUNA 1931 WP(C).No. 37097 of 2009(Q) ----------------------------------------- (CRIME NO.440/2009 OF ALAPPUZHA SOUTH POLICE STATION) PETITIONER(S): ------------------------- INDUSIND MEDIA & COMMUNICATIONS LTD., 49/50,MIDC INDUSTRIAL AREA, IN CENTRE,12TH ROAD, ANDHERI(W), MUMBAI - 400 091, REPRESENTED BY ITS AUTORISED SIGNATORY SANJEEV AHUJA, HEAD - LEGAL, INDUS IND MEDIA AND COMMUNICATION LTD. BY MR.M.K.DAMODARAN, SENIOR ADVOCATE, MR.SATHISH NINAN, MR.ARUN THOMAS, MR.JENNIS STEPHEN, MR.SANTHOSH MATHEW. RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM, STATE OF KERALA. R1 & R2 BY BY GOVERNMENT PLEADER MR. K.S. SIVAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.Sasidharan Nambiar, J. -------------------------- W.P.(C)No.37097 of 2009 Q -------------------------- JUDGMENT This petition is filed under Articles 226 and 227 of Constitution of India for a writ of mandamus commanding respondents to constitute a special investigation team to investigate Crime No.440/2009 of Alappuzha South Police Station or to appoint an independent agency, as the accused are absconding, alleging that there is no proper investigation. 2. A statement was filed by the Sub Inspector of Police, Alappuzha South Police Station, which discloses that no effective investigation was conducted in the case. It is admitted in the statement that petitioner, the second accused, who is a U.D.Clerk in Revenue Department, Alappuzha Collectorate and her husband, the first accused, could not be apprehended and second accused is unauthorisedly absent. Statement also discloses that in spite of the effort to trace out the WPC 37097/09 2 accused through mobile phone numbers, it was also futile. In such circumstances, it is clear that investigation is to be conducted by a superior officer, as, otherwise, there is no chance of apprehending the accused or effectively investigating the case. Petition is disposed directing second respondent to entrust the investigation of Crime No.440/2009 of Alappuzha South Police Station to an efficient Deputy Superintendent of Police and investigation is to be supervised by the Superintendent of Police. The Investigating Officer shall complete the investigation effectively and expeditiously. 24th February, 2010 (M.Sasidharan Nambiar, Judge) tkv