IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 4TH MARCH 2011 / 13TH PHALGUNA 1932 WP(C).No. 37068 of 2010(G) --------------------------------------- CRIME NO.735/2010 OF KASARAGODE POLICE STATION. ..... PETITIONER(S): ---------------------- BAVA MUHAMMED HAJI, AGED 60 YEARS, S/O.C.V.MUHAMMED, RESIDING AT MAKKODE HOUSE, KOOVATHOTTY, POST KALANADU, KASARGODE DISTRICT, PIN-671317. BY ADV. SRI.K.P.RAMACHANDRAN RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY HOME SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695001. 2. THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM, PIN-695010. 3. INSPECTOR GENERAL OF POLICE-NORTH ZONE, OFFICE OF THE NORTH ZONE INSPECTOR GENERAL OF POLICE, KANNUR, PIN-670 001. 4. THE SUPERINTENDENT OF POLICE-KASARGODE, OFFICE OF THE DISTRICT SUPERINTENDENT OF POLICE, POST VIDYANAGAR, KASARGODE, PIN-671121. 5. THE DEPUTY SUPERINTENDENT OF POLICE KASARAGODE, OFFICE OF THE DEPUTY SUPERINTENDENT OF POLICE, PARAKATTA, POST VIDYANAGAR, KASARGODE, PIN-671121. W.P.(C) NO.37068/2010 6. THE CIRCLE INSPECTOR OF POLICE, KASARGODE POLICE STATION, POST VIDYANAGAR, KASARGODE, PIN-671121. 7. THE SUB INSPECTOR OF POLICE, KASARGODE POLICE STATION, POST VIDYANAGAR, KASARGODE, PIN-671121. 8. THE ASSISTANT SUB INSPECTOR OF POLICE, KASARGODE POLICE STATION, POST VIDYANAGAR, KASARGODE, PIN-671121. R1 – R8 BY GOVERNMENT PLEADER SMT.M.K.PUSHPALATHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss THOMAS P JOSEPH, J. ---------------------------------------- W.P(C).No.37068 of 2010 --------------------------------------- Dated this 04th day of March, 2011 JUDGMENT Prayer in this petition is to direct second respondent, Director General of Police, Thiruvananthapuram to constitute a special team/police investigation unit headed by the Inspector General of Police, North Zone and consisting of respondents 4 and 5 for investigation of Crime No.735 of 2010 of Kasaragod Police Station. According to the petitioner on 06.07.2010 at about 4.50a.m 5 persons came to him armed with revolver, knife and sword, forcibly entered his house and attempted to commit dacoity. A case was registered as Crime No.735 of 2010 for offence punishable under Sec.511 of 395 of the Indian Penal Code. Grievance of petitioner is that since respondents 6 to 8 are heavily engaged in their daily work, they did not get sufficient time to investigate the case and hence a special team as aforesaid be constituted. 2. Answering allegations in the petition the 6th respondent, Circle Inspector of Police, Kasaragod has filed a statement stating the investigation conducted so far. It is stated that on petitioner giving information at Kasaragod Police Station W.P(C).No.37068 of 2010 -: 2 :- about the alleged incident on 6.07.2010 at about 11.45hrs the ASI who was in charge of that Station registered a case and it was being investigated. The then Circle Inspector of Police, Kasaragod took up investigation of the case and with the help of experts of the Finger Print Bureau, a mahazar for scene of occurrence was prepared. Certain witnesses were questioned. It is stated that if petitioner fully cooperates with the investigation it could be concluded without delay. 3. Learned counsel submits that it is incorrect to say that petitioner has not cooperated with the investigation. It is stated that he has always been and still is ready to cooperate with the investigation. I record that submission of learned counsel. 4. Learned Public Prosecutor has submitted that a special team has been constituted for investigation of this case and that the said team consisting of two Civil Police Officers, three Assistant Sub Inspector, One Sub Inspector and one Circle Inspector is headed by the Dy.S.P, Kasaragod. 5. Petitioner wants the special team to be headed by the Inspector General of Police, Northern Range. It is not as if a team as wished by the petitioner could be constituted. What is required is investigation of the case. Now a special team has been W.P(C).No.37068 of 2010 -: 3 :- constituted under the leadership of a Dy.S.P which, I am satisfied is sufficient for the purpose. Petitioner shall cooperate with the investigation of the case. In the light of the above submission of learned counsel for petitioner and the learned Public Prosecutor no further order is required in this matter. Recording the submission made by both sides this petition is closed. (THOMAS P JOSEPH, JUDGE) Sbna/-