IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 19TH SEPTEMBER 2008 / 28TH BHADRA 1930 WP(C).No. 5596 of 2006(N) ------------------------------------- PETITIONER: ------------------ THOMAS STEPHEN, IYKKARAMMANNIL, OLLESHA KARA, AYMANAM VILLAGE, KOTTAYAM. BY ADV. SRI.SURIN GEORGE IPE. RESPONDENTS: ----------------------- 1. THE DIRECTOR GENERAL OF POLICE, KERALA POLICE HEAD QUARTERS, THIRUVANANTHAPURAM. 2. THE SUPERINTENDENT OF POLICE, ALAPPUZHA DISTRICT, ALAPPUZHA. 3. THE SUB-INSPECTOR OF POLICE, MANNAR POLICE STATION, ALAPPUZHA DISTRICT. BY GOVT. PLEADER SRI. MOHAMMED ANZAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.5596/2006-N: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE RELEVANT PAGES OF REGISTRATION CERTIFICATE OF THE VEHICLE BEARING NO. KL/5-B-1785 TELCO TATA 407 PICK UP VAN. EXT.P.2: COPY OF THE F.I.R. IN CRIME NUMBER 345 OF 2004 OF MANNAR POLICE STATION. EXT.P.3: COPY OF THE REPRESENTATION DTD. 21/11/2004. EXT.P.3.A: COPY OF THE POSTAL ACKNOWLEDGEMENT CARD. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. prv. KURIAN JOSEPH, J. ---------------------------------------------- W.P.(C) No.5596 of 2006 ---------------------------------------------- Dated 19th September, 2008. J U D G M E N T The writ petition is filed mainly with the following prayers :- “(1) Issue a writ of mandamus or other appropriate writ direction or order commanding respondents 1 and 2 to conduct a proper investigation in light of the facts appraised in Ext.P3 representation. (2) Issue a writ of mandamus or other appropriate writ direction or order commanding respondents 1 and 2 to conduct the investigation in crime No.345 of 2004 of Mannar Police Station in a fair and impartial manner by a police officer not below the rank of a Deputy Superintendent of Police having untarnished service records.” In view of the decision of the Supreme Court in Sakiri Vasu v. State of U.P. and Others (2008(2) KHC 13), it is for the petitioner to approach the Magistrate of competent jurisdiction, in which case, the investigation can be continued under the supervision of the said court. The writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. tgs KURIAN JOSEPH, J ---------------------------------------------- W.P.(C) No.5596 of 2006 ---------------------------------------------- J U D G M E N T Dated 19th September, 2008.