IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 14TH SEPTEMBER 2010 / 23RD BHADRA 1932 WP(C).No. 17732 of 2010(Q) ----------------------------------------- CRIME NO.1119/2009 OF KUNDARA POLICE STATION, KOLLAM. ............ PETITIONER(S): ----------------------- RATHISH. R., AGED 28 YEARS, S/O.RAVEENDRAN, RAJESH NIVAS, EDAVATTOM, KERALAPURAM, VELLIMAN P.O., KOLLAM. BY ADV. SRI.NOBLE MATHEW RESPONDENT(S): ------------------------- 1. THE SUB INSPECTOR OF POLICE, KUNDARA POLICE STATION. 2. THE CIRCLE INSPECTOR OF POLICE, KUNDARA POLICE STATION. 3. THE DEPUTY SUPERINTENDENT OF POLICE, KOLLAM. 4. THE SUPERINTENDENT OF POLICE, KOLLAM. 5. THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM. 6. STATE OF KERALA, REPRESENTED BY THE SECRETARY, HOME DEPARTMENT, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM. R1 TO R6 BY GOVT. PLEADER SMT.M.K. PUSHPALATHA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/09/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. =========================== W.P.(C)No. 17732 OF 2010 =========================== Dated this the 14th day of September,2010 JUDGMENT This petition is filed under Article 226 of Constitution of India for a writ of mandamus directing respondents 5 and 6 to authorize any superior officer not below the rank of Deputy Superintendent of Police to investigate Crime 1119/2009 registered for the offences under sections 143, 147, 148, 447, 323, 324 and 326 read with section 149 of Indian Penal Code. Case of the petitioner is that there was no proper investigation and the elder brother of the petitioner was murdered pursuant to the assault made by the accused and though accused 3, 6 and 7 were also involved, they were subsequently deleted and a new accused was added as fifth accused and as there is no chance for a fair and proper investigation, a W.P.(C)17732/2010 2 direction is to be issued to conduct proper investigation by an officer not below the rank of Deputy Superintendent of Police. Sub Inspector of Police, Kundara Police Station has filed a statement which reveals that his predecessor Sub Inspector had investigated the case and he filed a report before the court deleting the original accused 3, 6 and 7 and adding fifth accused as an additional accused and a final report was submitted before court on 25.2.2010 and though cognizance was taken, trial is not started. The relevant portion of the statement in paragraph 5 of the statement reads:- “It is also born out from the case diary that additional statement of the petitioner was not recorded by the then Sub Inspector of Police, even though name of the 3 persons already arrayed in the First Information Statement were W.P.(C)17732/2010 3 deleted. Though the final report has been submitted before the Judicial First Class Magistrate Court-I, Kollam trial has not been commenced. I have taken over the charge of Kundara Police Station on 9.4.2010 consequent to the transfer of my predecessor. It is submitted that all grievances of the petitioner can be redressed by me after conducting further investigation.” 2. On hearing the learned counsel appearing for the petitioner and the learned Government pleader and going through the records including the statement filed by the Sub Inspector of Police, it is clear that there was no proper investigation. It is strange that some of the accused were deleted W.P.(C)17732/2010 4 without conducting an effective investigation. In such circumstances, Sub Inspector of Police, Kundara Police Station, the Investigating Officer is to be directed to conduct a further investigation with the approval of the concerned Magistrate as provided under section 173(8) of the Code of Criminal Procedure. Petition is allowed. Sub Inspector of Police, Kundara is directed to conduct a further investigation under section 173(8) of Code of Criminal Procedure on seeking formal permission of the learned Magistrate and conduct a proper, effective and exhaustive investigation and submit a report as provided under section 173(8) of Code of Criminal Procedure before the concerned Magistrate. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006