IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 17TH JANUARY 2008 / 27TH POUSHA 1929 WP(C).No. 24421 of 2007(G) -------------------------- PETITIONER: ------------ THULASIDHARAN NAIR THEKKEWARRIAM VEEDU VAIKUNDAPURAM, KODUMAN VILLAGE, ADOOR TALUK BY ADV. SRI.P.SREEKUMAR SRI.K.S.MANU (PUNUKKONNOOR) RESPONDENTS: ------------- 1. THE DIRECTOR GENERAL OF POLICE THIRUVANANTHAPURAM 2. THE CIRCLE INSPECTOR OF POLICE PANTHALAM 3. THE SUB INSPECTOR OF POLICE KODUMAN POLICE STATION BY GOVERNMENT PLEADER SRI.K.S. SIVAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR, J ...................................... W.P.(C) No. 24421 of 2007 G ...................................... Dated:17-01-2008 JUDGMENT In this Writ Petition filed under Art. 226 of the constitution of India, the petitioner who is the de facto complainant in Crime No. 66 of 2006 of Kodumon Police Station for offences punishable under Sections 457, 461 and 380 I.P.C. seeks a direction to the first respondent, Director General of Police to order a detailed investigation into the above said crime and entrust the investigation with another officer or through a specialised investigating agency like the Crime Branch Police. 2. The case of the petitioner can be summarised as follows:- Some time between 8. p.m. on 27-4-2006 and 4 a.m. on 28-4-2006 somebody gained his entry into the agency depot at Konni of Rubber Marketing Society, Kodumon and committed theft of rubber sheets worth Rs. 1,81,000/- W.P.C. 24421 of 2007 -:2:- and coins worth Rs. 1,500/- after removing the window bars and after making a hole in the nearby wall of the shop. Even though the occurrence was promptly reported on 28- 4-2006 itself, the local police filed a refer report the conclusions of which patently unbelievable. Hence this Writ petition. 3. This court had called for report from J.F.C.M. , Adoor who as per letter dated 29-11-2007 has opined that after perusal of the case diary and after hearing the learned Addl. Public Prosecutor and the counsel for the de facto complainant, a further investigation is warranted to meet the ends of justice before ruling out the possibility of concoction behind the alleged theft in the shop building. 4. Under the circumstances, the first respondent – Director General of Police is directed to entrust the investigation with an officer of the Crime Branch Police, preferably the same officer who had conducted the initial enquiry pursuant to a complaint lodged by the petitioner before the first respondent. The formal orders entrusting W.P.C. 24421 of 2007 -:3:- the investigation of Crime No. 66 of 2006 of Kodumon Police Station to the Crime Branch Police shall be passed within two weeks of receipt of a copy of this Judgment. The officer of the Crime Branch Police to whom the investigation will be entrusted, shall conduct a true, fair and impartial investigation and file a final report before the court as expeditiously as possible. This Writ Petition is disposed of as above. V.RAMKUMAR, (JUDGE).