IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 24TH MAY 2011 / 3RD JYAISHTA 1933 WP(C).No. 13947 of 2011(P) --------------------- PETITIONER : --------------------- DEEPU VARGHESE, AGED 37 YEARS, S/O.VARGHESE, PERINGATTIL HOUSE, PADINJAREKARAYIL, NADUVILA VILLAGE, VAIKOM TALUK, KOTTAYAM DISTRICT. BY ADV. SRI.ALIAS M.CHERIAN RESPONDENT(S): ------------------------- 1. CIRCLE INSPECTOR OF POLICE, VAIKOM POLICE STATION, VAIKOM, PIN-686 141. 2. SUPERINTENDENT OF POLICE, KOTTAYAM, PIN-686 001. 3. SAJIYAPPAN, AGED 32 YEARS, S/O.MANIYAPPAN, MATTATHALATH HOUSE, VADAYAR, KIZHEKEKARA, VAIKOM, KOTTAYAM DISTRICT, PIN-686 605. 4. JAIMON, AGED ABOUT 34 YEARS, S/O.KESAVAN, PARATHAI HOUSE, VADAYAR P.O., KIZHAKEKARA, VAIKOM, KOTTAYAM DISTRICT, PIN-686 605. 5. SHYAM, AGED ABOUT 32 YEARS, S/O.CHANDRAN, KANIYAMPADICKAL HOUSE, VADAYAR P.O., KIZHAKEKARA, VAIKOM, KOTTAYAM DISTRICT, PIN-686 605. 6. SUBEESH, AGED ABOUT 32 YEARS, S/O.SUREDHARAN, MANACKKAKARI HOUSE, VADAYAR P.O., KIZHAKEKARA, VAIKOM, KOTTAYAM DISTRICT, PIN-686 605. R1 & R2 BY GOVT. PLEADER SRI. MANU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn THOMAS P JOSEPH, J. ---------------------------------------- W.P(C).No.13947 of 2011 --------------------------------------- Dated this 24th day of May, 2011 JUDGMENT Petitioner is the de facto complainant in Crime No.306 of 2011 of Vaikom Police Station registered for offences punishable under Secs.341, 325, 323 and 506(ii) r/w Sec.34 of the Indian Penal Code (for short, "the IPC”). According to the petitioner, investigation is not proceeding in the correct line and notwithstanding that he was inflicted a fracture with a wooden stick the police has not incorporated appropriate sections in Ext.P2, FIR and instead, a minor offence under Sec.323 of the IPC is incorporated. According to the petitioner, he was attacked with wooden stick but the investigation is not being conducted in the proper line. He thereon filed Ext.P5, representation before the Inspector General of Police, Central Zone, Ernakulam but that petition has not been disposed of. Hence this writ petition is filed to entrust investigation to the Circle Inspector under the supervision of Superintendent of Police concerned. I have heard learned Public Prosecutor also. 2. I have gone through Ext.P2, FIR which is registered for offences under Secs.341, 325, 323 and 506(ii) r/w Sec.34 of W.P(C).No.13947 of 2011 -: 2 :- the IPC and not merely for offence under Sec.323 of the IPC. In the first information statement petitioner states that he was fisted on the nose and he suffered a fracture. I do not find reason to direct investigation to be conducted by any other agency. If however, Ext.P5, representation has been received by the Inspector General of Police, Central Zone, Ernakulam as contended by the petitioner and that petition has not been disposed of, he shall do so at the earliest untrammelled by any observation contained in this judgment. Resultantly this writ petition is disposed of directing the Inspector General of Police, Central Zone, Ernakulam to dispose of Ext.P5, representation (if submitted by the petitioner) as early as possible untrammelled by any observation contained in this judgment. (THOMAS P JOSEPH, JUDGE) Sbna/-