IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 8TH NOVEMBER 2011 / 17TH KARTHIKA 1933 WP(C).No. 16898 of 2011(J) ------------------------------------ PETITIONER(S): ---------------------- 1. SUDEVAN, S/O.PONNAN, MADATHANARA, VADAVANUR, CHITTUR TALUK, PALAKKAD DIST. 2. SUJEESH, S/O.SUDEVAN, MADATHANARA, VADAVANUR, CHITTUR TALUK, PALAKKAD DIST. BY ADVS. SRI.H.BADRUDDIN SMT.NILA. C.V. SMT.B.SHAMEERA SRI.T.T.SUDHEESH RESPONDENT(S): ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, HOME AFFAIRS, THIRUVANANTHAPURAM - 695 001. 2. THE STATION HOUSE OFFICER, KOLLENGODE POLICE STATION, CHITTUR TALUK, PALAKKAD DIST - 678 101. 3. THE CIRCLE INSPECTOR OF POLICE, KOLLENGODE, CHITTUR TALUK, PALAKKAD - 678 101. 4. THE SUPERINTENDENT OF POLICE, PALAKKAD - 678 101. 5. THE INSPECTOR OF POLICE, CENTRAL BUREAU OF INVESTIGATION, COCHIN UNIT, KADAVANTHRA, COCHIN - 682017. R1 TO R4 BY PUBLIC PROSECUTOR SMT.S.HYMA. R5 BY SC, CBI SRI.P.CHANDRASEKHARAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: RKM WP(C).No. 16898 of 2011(J) ------------------------------------------- APPENDIX PETITIONER'S EXHIBITS : P1 : COPY OF THE REPRESENTATION DATED 25.01.2011. P2 : COPY OF SOME PHOTOGRAPHS. P3 : COPY OF DISCHARGE SUMMARY FROM PALANA INSTITUTE OF MEDICAL SCIENCE FOR THE TREATMENT GIVEN TO THE 2ND RESPONDENT. P4 : COPY OF OUT-PATIENT CARD BEARING 153627 DATED 06.01.2011. P5 : COPY OF THE MEDICAL RECORDS, VOUCHERS AND BILLS FOR THE TREATMENT GIVEN TO THE 2ND PETITIONER. P6 : COPY OF THE WRITE UP IN THE FIRST INFORMATION REPORT FOR CRIME NO.32/2011 OF KOLLENGODE POLICE STATION. P7 : COPY OF THE RULING OF THIS HONOURABLE COURT THAT REPORTED IN 1998 ILR (2) KERALA PG.97. P8 : COPY OF NEWS PAPER REPORT APPEARED IN MALAYALA MANORAMA DATED 25.01.2011. RESPONDENT'S EXHIBITS : NIL /TRUE COPY/ PA TO JUDGE RKM N.K. BALAKRISHNAN, J. ------------------------------------------ W.P.(C). No: 16898 OF 2011 ( J) ------------------------------------------ Dated this the 8th day of November, 2011 J U D G M E N T This petition is filed by the petitioners, with a prayer that investigation in the two crimes may be entrusted to the CBI. There is also a request that the fourth respondent has to conduct enquiry against respondents 2 and 3 for their latches in investigating the two crimes. Statement was filed on behalf of the second respondent, in which it is stated that case was registered as Crime No:32/2011, by Kollengode Police Station, under section 436 of IPC. The petitioner contends that on 28.12.2010, at 11.30 pm, while he was sleeping in his thatched farm house, (Kalapura) guarding the agricultural property and the implements stored there, some persons wearing masks broke open the farmhouse with deadly weapons in their hands and inflicted injuries on the petitioner. He sustained W.P.(C). No: 16898 OF 2011 ( J) 2 grievous hurt. The leg bone of the petitioner was stated to have been fractured. People who reached there took the petitioner to the hospital and he underwent treatment for several days. Below knee slab was put on the fractured leg. It is further alleged that on 23.1.2011, at 1 am, when he was in the same farm house, the assailants came there and set ablaze that farm house causing a loss of Rs.4,00,000/-. According to him, furniture, agricultural produce, implements and other properties were destroyed in the fire. According to the petitioner, he had informed the second respondent then and there. No serious action was taken in the matter. Photographs will show that his farm house was destroyed by fire. There is no reason to doubt the statement given by the petitioner. W.P.(C). No: 16898 OF 2011 ( J) 3 Learned counsel for the petitioner submits that even when it is proved, by the certificates issued by the doctor, that as the petitioner was attacked with deadly weapons and grievous hurt was caused, causing fracture of the bone of his leg, crime was not registered under section 326 of IPC. That itself will show that the Police Officer took a lukewarm attitude in the matter. The crime was originally registered under section 452, 324, 323, 506(ii) r/w 34 IPC only. Going through the statements filed by the second respondent, even after obtaining the wound certificate, the report was filed before the Court as 'Undetected'. The learned counsel for the petitioner would submit that it was only because of the inaction and culpable negligence of the second respondent, no action, worth convincing, was taken in the matter. The learned counsel submits that the second respondent is of the view that all the accused person should W.P.(C). No: 16898 OF 2011 ( J) 4 be produced and all materials should also be furnished before him so as to enable him to file a final report. It seems such lukewarm attitude was taken by the police because the petitioner is only a poor agriculturist. Simply because assailants were wearing masks, it cannot be said that the crime can go 'undetected' in this fashion. On going through the statements, I am not at all convinced of the fact that the investigation was conducted properly. Though, the request is to hand over the investigation to the CBI, it is not a sensational case. District Superintendent of Police, Crime Branch, Palakkad will entrust the investigation with the DySP working under him. Fourth Respondent will ensure that the case file is immediately handed over to the DySP, Crime Branch. This petition is disposed of accordingly. N.K. BALAKRISHNAN, JUDGE jjj