IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 31ST MAY 2011 / 10TH JYAISHTA 1933 WP(C).No. 11504 of 2011(K) ---------------------------------------- PETITIONER(S): ------------------------ MATHEW.M.MATHEW,S/O.P.O.MATHEW, VETTIKKATTU HOUSE, KIZHAKKEKARA,KOTARAKKARA - 691 506. BY ADVS. SRI.K.MANOJ CHANDRAN, SRI.P.R.AJITHKUMAR. RESPONDENT(S): --------------------------- 1. THE SECRETARY,HOME DEPARTMENT, GOVERNMENT OF KERALA,THIRUVANANTHAPURAM-695 001. 2. THE DIRECTOR GENERAL OF POLICE, LAW & ORDER,POLICE HEAD QUARTERS, THIRUVANANTHAPURAM-695 001. 3. THE SUPERINTENDENT OF POLICE, PATHANAMTHITTA-689 645. 4. TH DEPUTY SUPERINTENDENT OF POLICE, PATHANAMTHITTA-689 645. 5. THE SUB INSPECTOR OF POLICE, PATHANAMTHITTA POLICE,PATHANAMTHITTA-689 645. R1 TO R5 BY PUBLIC PROSECUTOR SRI. MANU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/05/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss THOMAS P. JOSEPH, J. -------------------------------------- W.P.(C.) No.11504 of 2011 -------------------------------------- Dated this the 31st day of May, 2011. JUDGMENT Petitioner is the defacto complainant in Crime No.703 of 2010 of Pathanamthitta Police Station for offence punishable under Section 342 read with Section 34 of the Indian Penal Code and accused in Crime No.1169 of 2010 of the same Station for offence punishable under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (for short, “the Act”). The complaint of petitioner is that on 17.05.2010 three persons (named in the Writ Petition) locked him in the room, on getting information about that the Police reached the spot and saved him and following that, Crime No.703 of 2010 was registered. In the meantime, a false case was registered against petitioner as Crime No.1169 of 2010 alleging offence punishable under Section 3(1)(x) of the Act. The grievance of petitioner is that no fruitful investigation has been conducted in Crime No.703 of 2010. Hence it is prayed that this Court may issue a direction to respondents 1 and 2 to entrust investigation in Crime No.703 of 2010 to a superior Police Officer of proven character in the Department. I have heard learned counsel for petitioner and the learned Public Prosecutor. WP(C) No.11504/2011 2 2. Learned counsel submits that the Police has submitted Ext.P5, report reporting to the court that accused in Crime No.703 of 2010 could not be identified and traced out and seeking further time for further investigation. Learned Public Prosecutor has submitted that after Ext.P5, report petitioner preferred Ext.P6, complaint to the State Police Chief, Thiruvananthapuram seeking investigation into Crime No.703 of 2010 by a superior Police Officer and accordingly, the State Police Chief has directed the District Police Chief to direct investigation by an Officer not below the rank of Deputy Superintendent of Police. 3. In the light of above submission of learned Public Prosecutor, it is not necessary to issue any further order in this proceeding. Resultantly in view of the submission made by learned Public Prosecutor that there is already a direction issued by the State Police Chief, Thiruvananthapuram to cause investigation of Crime No.703 of 2010 to be conducted by an Officer not below the rank of Deputy Superintendent of Police, this petition is closed. THOMAS P.JOSEPH, Judge. cks