IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN THURSDAY, THE 23RD DECEMBER 2010 / 2ND POUSHA 1932 WP(C).No. 8813 of 2009(Q) ------------------------------------- PETITIONER(S): ----------------------- THE ORIENTAL INSURANCE CO.LTD, DIVISIONAL OFFICE KOTTAYAM,REPRESENTED BY ITS SR.DIVISIONAL MANAGER,DIVISIONAL OFFICE, KOTTAYAM. BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA) RESPONDENT(S): -------------------------- 1. STATE OF KERALA,REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR GENERAL OF POLICE,OFFICE OF THE DGP, TRIVANDRUM. 3. THE SUPERINTENDENT OF POLICE,OFFICE OF SUPERINTENDENT OF POLICE,KOTTAYAM. 4. BIJU.T, MANIMANGALAM HOUSE,KOORALI.PO, PONKUNNAM. R1 TO R3 BY GOVERNMENT PLEADER SRI. S.GOPINATHAN R4 BY ADV. SRI.V.K.SUNIL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C) NO.8813/2009 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE C.M.P.NO.1122/2006 BEFORE JUDICIAL FIRST CLASS MAGISTRATE'S COURT, KANJIRAPILLY. P2 COPY OF THE FIR IN CRIME NO.63/06 OF PONKUNNAM POLICE STATION DATED 22/3/06. P3 COPY OF THE LETTER DATED 5/9/2007 BY THE COMPLAINANT TO THE COMPANY. P4 COPY OF THE FINAL REPORT FILED BY C.I. OF POLICE. P5 COPY OF THE PETITION DATED 17/3/08 BEFORE THE 3RD RESPONDENT. P6 COPY OF THE REPORT SUBMITTED BY C.I. OF POLICE ON EXT.P5 COMPLAINT. RESPONDENT'S EXHIBITS: R4(A) COPY OF THE LETTER DATED 17/3/2006 ISSUED BY THE SUNDARAM FINANCE LTD TO THE S.I. OF POLICE. R4(B) COPY OF THE APPLICATION DATED 29/7/2010 SUBMITTED BY THE 4TH RESPONDENT BEFORE THE REGIONAL MANAGER OF THE PETITIONER COMPANY UNDER RIGHT TO INFORMATION ACT. R4(C) COPY OF THE COMMUNICATION DATED 10/8/2010 ISSUED BY THE REGIONAL MANAGER OF THE PETITIONER COMPANY. R4(D) COPY OF THE COMMUNICATION DATED 1/9/2010 ISSUED BY THE DEPUTY GENERAL MANAGER OF THE PETITIONER COMPANY. R4(E) COPY OF THE REPORT SUBMITTED BY ONE OF THE PRIVATE INVESTIGATORS OF THE PETITIONER COMPANY. R4(F) COPY OF THE FINAL REPORT IN CRIME NO.52/2005 OF THE KANJIRAPPALLY POLICE STATION. R4(G) COPY OF THE REFER REPORT IN CRIME NO.161/05 OF PONKUNNAM POLICE STATION. R4(H) COPY OF THE COMPLAINT DATED 9/9/2010 I HAVE SUBMITTED BEFORE THE COMMISSIONER OF POLICE, ERNAKULAM. /TRUE COPY/ P.A.TO.JUDGE sts P.S.GOPINATHAN, J. -------------------------------- W.P.(C).No.8813 OF 2009 ---------------------------------- Dated this the 23rd day of December, 2010 J U D G M E N T ~~~~~~~~~~~ This writ petition was filed with the following main relief: i) To issue a writ of mandamus or any other writ, order or direction directing the respondents to conduct a proper reinvestigation of Crime No.63/06 of Ponkunnam Police station by the officer not below the rank of DYSP in the light of the materials submitted along with Ext.P5. 2. Having heard either side, I find that there is some foul play in the matter. The writ petitioner had well narrated the reasonings in Ext.P5. In the above circumstance, I direct the 3rd respondent to conduct a further reinvestigation, especially, taking into account of Ext.P5 representation and to submit the final report, at the earliest, not later than three months. The Writ Petition is disposed of as above. No order as to costs. (P.S.GOPINATHAN, JUDGE) ps