IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN MONDAY, THE 1ST FEBRUARY 2010 / 12TH MAGHA 1931 WP(C).No. 27627 of 2009(Q) -------------------------- PETITIONER(S): --------------------- HARIHARAN.T.K., THYKOODATHIL VEEDU, MADAPLATHURUTHU, MOOTHAKUNNAM P.O., N.PARAVUR. BY ADV. SRI.MANSOOR.B.H. RESPONDENT(S): -------------------------- 1. K.C.JOY, SUB INSPECTOR OF POLICE, VADAKKKARA POLICE STATION, VADAKKEKARA, ERNAKULAM DISTRICT. 2. SUPERINTENDENT OF POLICE (RURAL), ALUVA, ERNAKULAM DISTRICT. 3. DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM. 4. STATE OF KERALA, REP.BY ITS SECRETARY, HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI. P.A. SALIM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P. BHAVADASAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C). No. 27627 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 1st day of February, 2010. JUDGMENT This is a petition filed under Article 226 of the Constitution of India seeking the following reliefs: (a) issue a writ of mandamus or any other appropriate writ, order or direction directing the third respondent to entrust investigation in Crime No.459 of 2008 of Vadakkekara Police Station to any honest superior officer not below the rank of Deputy Superintendent of Police, forthwith. (b) call for the entire case diary relating to Crime No.459 of 2008 of Vadakkekara Police to this Honourable Court for perusal. (c) Issue a writ of mandamus, or any other appropriate writ, order or direction directing the the respondent Nos.2 and 3 to take departmental action against 1st respondent for his illegal acts in Crime No.459 of 2008 of Vadakkekara Police Station and to report such action to this Hon'ble Court forthwith and also to pay Rs.1 Lakh as compensation to the petitioner's son.” WPC. 27627/2009. 2 2. Petitioner's son Hijil is the third accused in Crime No.459 of 2008 of Vadakkekara Police Station for having committed offences punishable under Sections 366A, 354, 506 read with Section 34 of the Indian Penal Code. According to the petitioner, the investigation of the case is not being properly done by the first respondent, who is enimical towards the petitioner and his son. Petitioner says that his son has not committed the acts alleged against him and he was implicated in the crime by the present investigating officer at the instance of an influential person, who is associated with the first respondent. It is therefore pointed out that an impartial investigation is necessary and that the first respondent may not be a person, who is dealing with the investigation as far as the petitioner is concerned. 3. Learned Public Prosecutor has filed a statement which shows that the first respondent is no longer in charge of the case and he has been substituted by another Sub Inspector. It is also pointed out that the investigation is WPC. 27627/2009. 3 being supervised by the Circle Inspector of Police. There is nothing to show that the investigation is not in a proper direction. The petitioner cannot claim that the investigation should be done by the Deputy Superintendent of Police or an officer senior in rank unless there are no cogent and convincing reasons. If the petitioner has any grievance regarding the investigation by the present Sub Inspector, he can approach the court at that point of time. Reserving the said liberty, this petition is dismissed. P. BHAVADASAN, JUDGE sb.