IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 16TH AUGUST 2010 / 25TH SRAVANA 1932 WP(C).No. 24165 of 2010(Q) -------------------------- SC.281/2008 of DIST & SESSIONS COURT, ALAPPUZHA CRIME NO.78/1998 OF MUHAMMA POLICE STATION .................... PETITIONER(S): --------------- K.N.VIJAYAKUMAR, KALATHIL HOUSE, PONNAD.P.O., ALAPPUZHA. BY ADV. SRI.J.OM PRAKASH RESPONDENT(S): --------------- THE DEPUTY SUPIERNITENDENT OF POLICE, CHERTHALA. BY GOVERNMENT PLEADER MR.C.S.HRITHWIK THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.RAMKUMAR, J. ------------------------------------- W.P(C) No. 24165 of 2010 -------------------------------------- Dated this the 16th day of August, 2010 J U D G M E N T Petitioner, who is the de facto complainant in Crime No.78/1998 of Muhamma Police Station registered for offences punishable under Sections 143, 147, 148, 448, 427 and 506(ii) read with 149 IPC and Sections 3 (i) (v) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act 1989, inter alia seeks a direction to the respondent Dy.S.P, Cherthala to arrest accused Nos.1 to 7 and to recover material objects and to file supplementary final report in pursuance of Ext.P2 final report. 2. According to the petitioner, who claims to be belonging to the Schedule Caste, on 12.4.1998 at about 8 P.M the accused and other persons criminally trespassed upon his property and committed the aforementioned offences in the process of forcibly cutting open a pathway through the property of the petitioner. The grievance of W.P(C) No. 24165 of 2010 : 2 : the petitioner is that originally the case was investigated by the Circle Inspector of Police, Mararikulam and the petitioner had to move this Court for a direction to have the investigation conducted by the appropriate officer authorized to do so under the provisions of the Special Act and accordingly the Dy.S.P, Cherthala conducted the investigation. It is the further grievance of the petitioner that, even though the Dy.S.P, Cherthala conducted the investigation and filed Ext.P2 final report before the court against the eight accused persons of whom one is no more, none of the accused persons was arrested nor any incriminating material recovered at their instance for the reason that they are either persons belonging to the ruling party CPI(M) or otherwise influential. Hence this writ petition. 3. In the light of the decision of the Apex Court in Sakkiri Vasu v. State of Uttar Pradesh 2008 (1) KLT (724) SC and also of the Division Bench of this Court in Thomas V.C v. Achama Thomas and another 2009 (2) W.P(C) No. 24165 of 2010 : 3 : KHC 693, the remedy of the petitioner is to move the trial court itself. The case is admittedly pending before the Sessions Court, Alappuzha as S.C.No.281/2008. In case the petitioner files an application for further investigation under Section 173(8) Cr.P.C, that Court shall consider the said application and pass appropriate orders in accordance with law after perusing the case diary. Reserving the above right of the petitioner, this writ petition is disposed of. V.RAMKUMAR, JUDGE dmb