IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER FRIDAY, THE 20TH NOVEMBER 2009 / 29TH KARTHIKA 1931 WA.No. 1540 of 2009 --------------------- AGAINST THE JUDGEMENT IN WPC.34353/2007 Dated 23/01/2008 .................... APPELLANT/6TH RESPONDENT: --------------------------------- T.K.G.PANICKER, S/O. KOCHUPILLA PANICKER, AGED 59 YEARS MITTUKOTTAGE, AKAMKUDIMURI NANGIARKULANGARA.P.O. HARIPAD, ALAPPUZHA DIST. BY ADV. SRI.G.HARIHARAN RESPONDENTS/PETITIONERS/RESPONDENTS 1 TO 5 & 7: -------------------------------------------------------------- 1. N.VENU KUMAR, S/O. NARAYANAN NAIR, AGED 44 YEARS, RESIDING AT ASHTALEKSHMI, NANGIARKULANGARA.P.O., HARIPAD, ALAPPUZHA DIST. 2. M.VENU, S/O. MADHAVAN, AGED 39 YEARS RESIDING AT PUTHENPURAYIL HOUSE, NANGIARKULANGARA MURI, PALLIPPAD VILLAGE, ALAPPUZHA DIST. 3. STATE OF KERALA, REP. BY THE SECRETARY TO THE GOVERNMENT, DEPARTMENT OF HOME AFFAIRS, GOVERNMENT OF KERALA, TRIVANDRUM. 4. THE DIRECTOR GENERAL OF POLICE OFFICE OF THE DGP TRIVANDRUM. 5. SUPERINTENDENT OF POLICE, OFFICE OF THE SUPERINTENDENT OF POLICE, ALAPPUZHA. 6. CIRCLE INSPECTOR OF POLICE OFFICE OF THE CIRCLE INSPECTOR OF POLICE, HARIPAD. WA No.1540 OF 2009 7. SUB INSPECTOR OF POLICE, OFFICE OF THE SUB INSPCTRO OF POLICE, MAVELIKKARA. 8. M.SURESH, S/O. MADHAVAN PILLAI, AGED 45 YEARS, EERICKAL KALEEYICKAL, PALLIPAD VILLAGE KARTHIKAPPALLY TALUK, NANGIARKULANGARA.P.O. ALAPPUZHA DIST. R1 & R2 BY ADV. V. SAJITH KUMAR. R3 TO R7 BY SENIOR GOVT. PLEADER, SMT.K.MEERA. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 20/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R. Bannurmath, C.J. & A.K. Basheer, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.No. 1540 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of November, 2009 JUDGMENT Basheer, J. Appellant impugns the judgment passed by the learned Single Judge in WP(C) No.34353 of 2007. By the impugned judgment the learned Single Judge directed that further investigation in Crime No.81/2006 of Haripad Police Station and Crime No.348/05 of Mavelikkara Police Station be entrusted to Crime Branch police. 2. It is contended by learned counsel for the appellant that the learned Single Judge has proceeded as though the appellant had been absconding and that he had willfully and deliberately refused to co-operate with the investigation. It is pointed out by the learned counsel that though appellant was in fact arrayed as respondent No.6 in the Writ Petition, no notice was issued to him. Nevertheless, certain observations were made which were not warranted. 3. We have perused the records. We find considerable WA No. 1540 of 2009 -:2:- force in the above contention. Therefore, without going into the contentions raised by either side, the impugned judgment is set aside. The learned Single Judge is requested to dispose of the matter afresh after affording sufficient opportunity to all the parties concerned including the appellant. It will be appropriate if hearing is expedited since crimes in question are pretty old. The Writ Appeal is disposed of as above. S.R. Bannurmath, Chief Justice. A.K. Basheer, Judge. ttb