IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 25TH FEBRUARY 2010 / 6TH PHALGUNA 1931 WP(C).No. 2692 of 2010(Q) ------------------------------------- CRIME NO.613/2009 OF KARAMANA POLICE STATION. ........................ PETITIONER(S): ---------------------- B. SWARNAKUMARI, NANDANAM, T.C.50/723 (1), KALADY, KARAMANA (P.O), THIRUVANANTHAPURAM. BY ADV. MR.GOPAKUMAR R.THALIYAL, MR.N.P.PRAJEESH. RESPONDENT(S): ------------------------ 1. HARIKUMAR, S/O.PARAMESWARAN NAIR, AMBIKA VILASAM, ATHIYANNOOR, ARALUMMOODU, THIRUVANANTHAPURAM. 2. SREEKALA, W/O.HARIKUMAR, AMBIKA VILASAM, ATHIYANNOOR, ARALUMMOODU, THIRUVANANTHAPURAM. 3. C.A. MANIKANTAN, DOCUMENT WRITER & STAMP VENDOR, T.C.39/1576, KILLIPPALAM, CHALAI, THIRUVANANTHAPURAM. 4. THE SUB INSPECTOR OF POLICE, KARAMANA POLICE STATION, KARAMANA, THIRUVANANTHAPURAM. 5. THE DEPUTY SUPERINTENDENT OF POLICE, CRIME BRANCH, THIRUVANANTHAPURAM. 6. THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM. R4 TO R6 BY GOVERNMENT PLEADER MR.S.U. NAZAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/02/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ W.P.C.NO.2692 OF 2010 ------------------------------------------ Dated 25th February 2010 JUDGMENT Crime No.613/2009 of Karamana police station was registered for the offences under Sections 420, 465, 468 and 471 read with Section 120 B read with Section 34 of Indian Penal Code against her daughter, her husband and document writer. The case is being investigated by the fourth respondent, Sub Inspector of Police, Karamana police station. Petition is filed under Article 227 of Constitution of India for a writ of mandamus directing sixth respondent Director General of Police to entrust the investigation to fifth respondent Deputy Superintendent of Police, Crime Branch contending that the sister of Wpc 2692/10 2 first respondent is a woman police constable of Karamana police station and under her influence, the case is not being investigated. It is also alleged that petitioner when appeared as directed in the presence of the said woman police constable, the sister of the first respondent, petitioner was threatened to withdraw the complaint. In such circumstances, petitioner sought to hand over the investigation to fifth respondent and for a further direction to submit the final report within a time frame. 2. Sub Inspector of Police submitted a statement disclosing that the allegations raised against the accused is that in furtherance of the common intention to cheat, with the help of third accused, Wpc 2692/10 3 respondents 1 and 2 created a forged document and registered it before Sub Registrar office, Killipalam in respect of four cents of the petitioner and investigation revealed that the said property was in the ownership and possession of the petitioner and subsequently petitioner entrusted her daughter, second respondent and her husband for preparation of necessary documents for transferring the ownership of two cents of the land and accordingly, second respondent in connivance with first respondent prepared documents by third respondent, in respect of transferring two cents of property and along with the said document another document was prepared without the knowledge of consent of the petitioner transferring four cents of the Wpc 2692/10 4 property in favour of second respondent and the said document was placed beneath the document for transferring ownership of two cents of the land and obtained signature of the petitioner in both documents, which resulted in transfer of ownership of four cents of property in the name of second respondent and investigation revealed that accused committed offences under Sections 406, 420 and 120B read with Section 34 of Indian Penal Code. It is contended that collection of sufficient documentary evidence to corroborate the allegations could not be obtained and custodial interrogation of the petitioner is necessary and accused filed anticipatory bail application before this court, which is pending and in such circumstances, the final report could not be Wpc 2692/10 5 filed. It is also submitted that though the sister of first respondent is a woman police constable working in Karamana police station, the allegation that she is influencing the investigation is not correct. 3. Learned counsel appearing for the petitioner and learned Government Pleader were heard. Though learned counsel appearing for petitioner vehemently argued that in view of the fact that sister of the first respondent is a woman police constable attached to the same police station, there will not be proper investigation and hence investigation is to be transferred to the Crime Branch as sought for, the statement filed by the investigating officer discloses that on the investigation so far made, it is found that the accused have committed the Wpc 2692/10 6 offences. There was no attempt to suppress the true facts. Still, when the sister of the first respondent is a woman police constable attached to the same police station, there would genuinely be an apprehension with regard to the proper investigation of the case. In such circumstances, City Police Commissioner, Thiruvananthapuram is directed to hand over the investigation of crime No.613/2009 of Karamana police station, to the Circle Inspector of Police for a proper investigation in accordance with law. Petition is disposed. M.SASIDHARAN NAMBIAR, JUDGE. uj.