IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 19TH JULY 2010 / 28TH ASHADHA 1932 WP(C).No. 18821 of 2010(Q) -------------------------- CRIME NO.9883/2009 OF TRAFFIC POLICE STATION, EDAPPALLY ---------------------------------- PETITIONER(S): --------------- PADMAVATHY,AGED 65 YEARS, W/O.LATE VELAYUDHAN, THOPPALALATHU HOUSE, UNICHIRA, COCHIN-37. BY ADV. SRI.C.ANILKUMAR (KALLESSERIL) RESPONDENT(S): --------------- 1. SUB INSPECTOR OF POLICE, COCHIN CITY TRAFFIC POLICE STATION, EDAPPALLY. 2. CIRCLE INSPECTOR OF POLICE,EDAPPALLY, COCHIN CITY TRAFFIC POLICE STATION, EDAPPALLY. 3. THE ASSISTANT COMMISSIONER OF POLICE, CITY TRAFFIC POLICE STATION,ERNAKULAM. BY GOVERNMENT PLEADER MR.C.S.HRITHICK THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.RAMKUMAR, J. ------------------------------------- W.P(C) No.18821 of 2010 -------------------------------------- Dated this the 19th day of July, 2010 J U D G M E N T Petitioner, who is the widow of one Velayudhan seeks a direction to the respondents ie; the Sub Inspector of Police, Cochin City Traffic Police Station, Edappally, the Circle Inspector of Police of the said Police Station and the Assistant Commissioner of Police, City Traffic Police Station, Ernakulam to conduct proper investigation and submit a final report at the earliest after submitting periodical progress report and in the alternative to hand over the investigation of Crime No.9883/2009 to the Assistant Commissioner of Police, City Traffic Police Station, Ernakulam. 2. The petitioner is a 65 year old woman stated to be hailing from a poor family. On 31.10.2009 at about 6.30 p.m, the petitioner's husband Velayudhan met with a traffic accident and sustained fatal injuries to which he succumbed on the spot itself. The accident occurred near his house at the time when he was about to cross the road. The vehicle involved in the accident is a Pulsor bike having Registration No.KL-7/BK/7626. The Registered owner of the said vehicle is W.P(C) No.18821 of 2010 : 2 : one Biju Antony, Kunnikkadu House, H.No.48/1290, Elamakkara. Even though the 1st respondent registered the above crime for offences punishable under Sections 279 and 304A read with 134 (a) and (b) read with 177 of the Motor Vehicle Act 1988, the grievance of the petitioner is that no headway has been made in the investigation. 3. In the light of the decision of the Apex Court in Sakkiri Vasu v. State of Uttar Pradesh 2008 (1) KLT (724) SC, the remedy of the petitioner is to move the J.F.C.M Court-II, Aluva, which is the Magistrate concerned. In case the petitioner files an application before the Magistrate, the same shall be considered to find out whether the investigation is proceedings on proper lines and if not the Magistrate shall give direction for proper investigation of the case and if necessary, entrust the investigation with the 3rd respondent, Assistant Commissioner of Police, City Traffic Police Station, Ernakulam. Reserving the above right of the petitioner, this writ petition is disposed of. V.RAMKUMAR, JUDGE dmb