IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 21ST JANUARY 2010 / 1ST MAGHA 1931 WP(C).No. 20545 of 2009(Q) --------------------------------------- CMP.1426/2009 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, N. PARAVOOR. ................. PETITIONER(S): ---------------------- SUDHEER, S/O.SATHYAPALAN, SATHYABHAVAN, CHENDAMANGALAM VILLAGE, ERNAKULAM DISTRICT. BY ADV. MR.ANIL K.MOHAMMED RESPONDENT(S): ------------------------- 1. THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS,THIRUVANANTHAPURAM. 2. THE INSPECTOR GENERAL OF POLICE, ERNAKULAM RANGE. 3. THE DEPUTY SUPERINTENDENT OF POLICE, CRIME DETACHMENT,ERNAKULAM RURAL, ALUVA. 4. K.B. JEEVANANDAN, CIRCLE INSPECTOR OF POLICE, (UNDER SUSPENSION), VADAKKEKARA. 5. J. KURIAKOSE, FORMER SUB INSPECTOR OF POLICE, VADAKKEKARA, PRESENTLY WORKING AS SUB INSPECTOR OF POLICE, AYYAMPUZHA, ERNAKULAM DISTRICT. R1 TO R3 BY GOVERNMENT PLEADER MR.P.A. SALIM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ W.P.C.NO.20545 OF 2009 ------------------------------------------ Dated 21st January 2010 JUDGMENT Petition is filed under Article 226 of Constitution of India for a writ of mandamus commanding first respondent, Director General of Police to change investigation officer in crime Nos.824/2008 and 290/2009 of Vadakkekara police station and to entrust the investigation of the cases to a superior police officer above the rank of DIG. Learned counsel appearing for the petitioner submitted that under the Right to Information Act, petitioner obtained copy of the proceedings of the first respondent in order No.D2/108809/2009 dated 16/12/2009 whereunder first respondent has directed Additional Director Wpc 20545/09 2 General of Police (Crimes) to take over investigation of crime No.824/2008 and crime No.290/2009. 2. Learned Government Pleader made available the proceedings of the Additional Director General of Police, Thiruvananthapuram pursuant to the proceedings issued by the Director General of Police dated 16/12/2009. Said proceedings is dated 19/12/2009. As per the said proceedings crime No.824/2008 has been transferred to CBCID with immediate effect and re-numbered as crime No.267/CR/EKM/09 of Crime Branch Police Station and Superintendent of Police CBCID, Ernakulam is directed to take over investigation forthwith. There is also a direction to Superintendent of Police, Ernakulam, Rural to hand over the case diary, MOs and other records to the Superintendent of Police, CBCID, Ernakulam. Pursuant to said Wpc 20545/09 3 direction it is for the Superintendent of Police to investigate crime No.824/2008. Though order does not show that crime No.290/2009 also is to be investigated by Superintendent of Police, CBCID, as per proceedings dated 16/12/2009 Director General of Police directed the Additional Director General of Police (Crimes) to take over the investigation of that case also. Hence Superintendent of Police, CBCID, Ernakulam is also to investigate crime No.290/2009. In view of the apprehension expressed by the petitioner that investigation conducted by Deputy Superintendent of Police will not be fair and proper in view of the proximity of the third respondent who has so far been investigating the case, it is made clear that it is for the Superintendent of Police CBCID to investigate the case as directed by the Additional Director General of Wpc 20545/09 4 Police, Thiruvananthapuram as per order dated 19/12/2009 and not to hand over investigation to any subordinate officer. Writ petition is disposed recording that first respondent has already directed Additional Director General of Police (Crimes) to take over investigation of crime No.824/2008 and 290/2009 and Additional Director General of Police (Crimes) is directed Superintendent of Police, CBCID to take over investigation of crime No.824/2008. The said Superintendent of Police shall also take over investigation of Crime No.290/2009 and shall conduct proper and fair investigation. Petition is disposed. M.SASIDHARAN NAMBIAR, JUDGE. uj.