IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 15TH NOVEMBER 2010 / 24TH KARTHIKA 1932 WP(C).No. 6854 of 2010(Q) ------------------------ PETITIONERS : ------------------- 1. VARKEY, S/O. VARKEY, AGED 80 YEARS, NELLIYAMIKUNNEL HOUSE, EDAMARUKU PO AND KARA, MELUKAVUMATTOM VIA, KOTTAYAM DT 686652. 2. BIJU VARGHESE, S/O.VARKEY OF DO. DO. BY ADVS. SRI.JOHNSON MANAYANI SRI.BENHUR JOSEPH MANAYANI RESPONDENT(S): ------------------------- 1. JOSEPH JOSEPH, PANDIYAMMAKKAL VEEDU, EDAMARUKU, OTTAKATTI MAMS PROPERTIES, MELUKAVU KARA AND VILLAGE, MELUKAVU, KOTTAYAM DT. 2. THE SUB INSPECTOR OF POLICE, MELUKAVU POLICE, MELUKAVUMATTOM PO, KOTTAYAM DIST. 3. THE DIRECTOR GENERAL OF POLICE, VELLAYAMBALAM. 4. THE DISTRICT SUPERINTENDENT OF POLICE, COLLECTORATE, KOTTAYAM. 5. STATE OF KERALA, REP. BY ITS SECRETARY TO HOME AFFAIRS, SECRETARIAT, TRIVANDRUM. R2 TO R5 BY GOVT. PLEADER SRI. I.V. PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn M.SASIDHARAN NAMBIAR,J. --------------------------------------------- W.P.C.NO.6854 OF 2010 --------------------------------------------- Dated 15th November, 2010 JUDGMENT Petition is filed under Article 226 of Constitution of India for a direction to the fourth respondent to complete the investigation into Ext.P4 petition, in view of Ext.P5 judgment in W.P.C.8115/2009. By Ext.P5 judgment this court directed the District Superintendent of Police, Kottayam to consider Ext.P4 petition filed therein, within one month and petitioners were directed to produce copy of the judgment along with copy of the writ petition before the fourth respondent. According to the petitioners, though Ext.P6 statements were recorded, no further development was known to them. Ext.P4 is a Wpc 6854/10 2 representation made by the petitioners before the Director General of Police, for a detailed investigation with regard to a complaint filed by them before Sub Inspector of Police, Melukavu Police Station on 9/2/2009 alleging that they were attacked by first respondent on 21/1/2009 at about 8.30 p.m. By Ext.P5 judgment this Court did not direct registration of the case. Petitioners did not approach the concerned Magistrate under Section 156(3) of Code of Criminal Procedure to get the case registered and investigated. 2. Learned Government Pleader submitted that pursuant to Ext.P5 judgment, Ext.P4 complaint was enquired into and it was revealed that no offence as alleged was committed. In such circumstances, writ petition is disposed directing fourth respondent to intimate the Wpc 6854/10 3 petitioners, the result of the enquiry on Ext.P4 complaint within thirty days from the date of receipt of a copy of this judgment. If petitioners are aggrieved by the findings on the enquiry in Ext.P4, they are at liberty to approach the concerned Magistrate under Section 156(3) of Code of Criminal Procedure. M.SASIDHARAN NAMBIAR, JUDGE. uj. Wpc 6854/10 4