IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 27TH OCTOBER 2009 / 5TH KARTHIKA 1931 WP(C).No. 23726 of 2009(Q) -------------------------- CRIME NO.1206/08 OF ERNAKULAM TOWN SOUTH P.S PETITIONER(S): --------------- PREMANANDAN,S/O.KARUNAKARAN NAIR, MANGATTU VEEDU,NIRAMARUTHU DESOM, NIRAMARUTHU AMSOM,MALAPPURAM DISTRICT. BY ADV. SRI.ANCHAL C.VIJAYAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REP.BY ITS SECRETARY TO GOVT., DEPARTMENT OF HOME AFFAIRS, GOVT.SECRETARIAT,THIRUVANANTHAPURAM. 2. THE DIRECTOR GENERAL OF POLICE, KERALA,THIRUVANANTHAPURAM. 3. THE SUB INSPECTOR OF POLICE, ERNAKULAM TOWN SOUTH POLICE STATION,ERNAKULAM. BY GOVT.PLEADER SRI.AMJAD ALI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. ------------------------------------------ W.P.C.NO.23726 OF 2009 ------------------------------------------ Dated 27th October 2009 JUDGMENT This petition is filed under Article 226 of Constitution of India for a writ of mandamus to the second respondent, Director General of Police to consider Ext.P4 petition filed by the petitioner for entrusting the investigation of Crime No.1206/2008 of Ernakulam Town South Police Station to the Crime Branch Wing of Kerala Police for fair and just investigation and for a direction to the Additional Chief Judicial Magistrate, Ernakulam to monitor the investigation. 2. Learned Government Pleader Submitted that after completing the investigation, a final report was submitted before the Additional Chief Judicial Magistrate, Ernakulam on 29/8/2009. 3. In such circumstances, petition is dismissed with liberty to the petitioner to approach the Magistrate under Section 173(8) of Wpc 23726/09 2 the Code of Criminal Procedure or to seek a re-investigation by the investigating officer. M.SASIDHARAN NAMBIAR, JUDGE. uj.