IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 26TH OCTOBER 2010 / 4TH KARTHIKA 1932 WP(C).No. 29109 of 2010(Q) ------------------------------------------ (CRIME NO.518/2009 OF KUNNAMKULAM POLICE STATION, THRISSUR DISTRICT) .......... PETITIONER(S): ------------------------- JAMES, S/O.ITTIMATHEW, RESIDING AT KUTHOORU VEEDU, KIDANGOOR DESOM, MARATHAMCODE, THRISSUR DISTRICT. BY SRI.V.CHITAMBARESH, SENIOR ADVOCATE, BY ADV. SRI.JIBU P THOMAS, SRI.P.S.APPU, SRI.A.R.NIMOD, SRI.C.A.ANOOP. RESPONDENT(S): --------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001. 2. THE DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM, PIN-695 001. 3. THE SUPERINTENDENT OF POLICE, THRISSUR-680 001. 4. THE DEPUTY SUPERINTENDENT OF POLICE, KUNNAMKULAM, THRISSUR-680 503. 5. SURESH, SUB INSPECTOR OF POLICE, KUNNAMKULAM POLICE STATION, THRISSUR-680 503. R1 TO R4 BY GOVERNMENT PLEADER SRI. P.A. SALIM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. --------------------------------------------- W.P.C.NO.29109 OF 2010 --------------------------------------------- Dated 26th October, 2010 JUDGMENT writ petition is filed under Article 226 of Constitution of India for a writ of mandamus directing fourth respondent to remove the fifth respondent from investigating Crime No.518/2009 of Kunnamkulam Police Station and to entrust the same to a superior officer contending that by Ext.P4 order, the Deputy Superintendent of Police, Kunnamkulam found that the investigation conducted was not proper and justice was not done and in such circumstances, direction in Ext.P4 to investigate by the same Investigating Officer is not proper. 2. Learned Senior counsel appearing for the petitioner and learned Government Pleader Wpc 29109/10 2 were heard. 3. Learned Public Prosecutor submitted that pursuant to Ext.P4 order, a report was filed before Judicial First Class Magistrate, Kunnamkulam and permission was obtained to conduct further investigation under Section 173 (8) of Code of Criminal Procedure. It is also submitted that there is no objection for directing further investigation by a superior police officer. Writ petition is disposed directing third respondent, Superintendent of Police to entrust the investigation of Crime No.518/2009 of Kunnamkulam Police Station to a Senior Police Officer, not below the rank of Deputy Superintendent of Police, who shall investigate the case properly and expeditiously and file a final report. Wpc 29109/10 3 M.SASIDHARAN NAMBIAR, JUDGE. uj.