IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 20TH FEBRUARY 2008 / 1ST PHALGUNA 1929 WP(C).No. 2048 of 2008(R) ------------------------- PETITIONER: ------------ SHAJU, S/O. OUSEPH, ALAPPAT MECHERIPADY HOUSE, KILLANOOR VILLAGE, KOZHIKKUNNU DESOM, PERAMANGALAM, THRISSUR. BY ADV. SRI.RAJIT SRI.RANJIT BABU RESPONDENTS: ------------- 1. THE SUPERINTENDENT OF POLICE, THRISSUR, COLLECTORATE, AYYANTHOLE, THRISSUR. 2. THE DEPUTY SUPERINTENDENT OF POLICE, KUNNAMKULAM, THRISSUR. 3. THE CIRCLE INSPECTOR OF POLICE, KUNNAMKULAM POLICE STATION, KUNNAMKULAM, THRISSUR. 4. THE SUB INSPECTOR OF POLICE, KUNNAMKULAM POLICE STATION, THRISSUR. BY GOVERNMENT PLEADER SRI.GIKKU JACOB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT, J ------------------------------------ W.P(C).No.2048 of 2008 ------------------------------------- Dated this the 20th day of February, 2008 J U D G M E N T Petitioner is the defacto complainant in Crime No.245 of 2005 of Peramangalam Police Station. The said crime is registered alleging commission of offences, inter alia, under SectionS 120 B and 365 I.P.C. The petitioner was allegedly taken away using force in a vehicle. He was taken to an Ashram run by the accused. He was assaulted and tortured. He was compelled to subscribe his signature to various documents. 2. Police did not take proper action. This obliged the petitioner to approach the Deputy Superintendent of Police, Kunnamkulam with Ext.P1 complaint. It was received and forwarded to the local Police Station with a direction to register a case and to investigate. It is only thereafter that Crime 245 of 2005 was registered. 3. According to the petitioner no proper steps were taken for the proper investigation of the case. This obliged him to raise Ext.P2 complaint before the superior official of the Investigating Officer. Nothing fruitful came out of Ext.P2 also. The petitioner W.P(C).No.2048 of 2008 2 had submitted a petition before the learned Magistrate for issue of appropriate directions. The learned Magistrate, it is submitted, had wanted the police to expeditiously submit the final report, but so far the final report has not been filed. The learned counsel for the petitioner submits that this is an eminently fit case where the investigation had commenced as early as in 2005. The petitioner had approached the superior officers of the Investigating Officer. The petitioner had sought directions from the learned Magistrate also. In these circumstances, notwithstanding the decision in Sakiri Vasu v. State of U.P [2008 AIR SCW 309] appropriate directions may be issued by this Court in this old crime of 2005. The petitioner may not again be relegated to move the learned Magistrate, submits the learned counsel for the petitioner. 4. The learned Government Pleader submits that the needful is being done. There has been some delay in completing the investigation. The present Investigating Officer has taken over investigation only on 12.12.07. He shall do the needful. The learned Government Pleader assures that no stone will be left unturned and the needful shall be done to properly investigate and expeditiously file the final report. W.P(C).No.2048 of 2008 3 5. I have considered all the relevant circumstances. I am satisfied that the submission of the learned Government Pleader can be accepted. This Writ Petition is allowed and the direction is issued that the 1st respondent Superintendent of Police, Trichur must personally monitor the investigation by the present Investigating Officer and ensure that the final report is filed as expeditiously as possible - at any rate, within a period of 4 months from the date on which a copy of this order is placed before the Investigating Officer as also the 1st respondent. If final report is not filed within such time, the petitioner shall be at liberty to approach the learned Magistrate again and pray for issue of directions under Section 156(3) Cr.P.C as explained in Sakiri Vasu. 6. Hand over a copy of this order to both the learned counsel for the petitioner and the learned Government Pleader, (R.BASANT, JUDGE) rtr/- W.P(C).No.2048 of 2008 4 R.BASANT, J ------------------------------------ W.P(C).No.2048 of 2008 W.P(C).No.2048 of 2008 5 ------------------------------------- Dated this the 5th day of February, 2008 ORDER Petitioner is the defacto complainant in a crime registered alleging offences punishable, inter alia, under Sections 420 and 365 I.P.C at the Peramangalam Police Station, Trichur. Crime was registered on 23.05.05. The short grievance of the petitioner is that the investigation has not been completed yet. 2. Notice given. The learned Government Pleader prays for time to take instructions. Instructions shall be taken and a report by the Investigating Officer about the present stage of the case shall be filed within a period of 15 days from this date. Call on 20.02.08. (R.BASANT, JUDGE) rtr/-