IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 8TH JULY 2010 / 17TH ASHADHA 1932 WP(C).No. 21170 of 2010(Q) -------------------------- CRIME NO.110/2010 OF AGALI POLICE STATION ----------------------------- PETITIONER(S): --------------- PRAKASH, AGED 52, S/O.KARUNAKARAN, HOUSE NO.71, GIRI NAGAR,KADAVANTHRA,KOCHI. BY ADV. SRI.P.HARIDAS SMT.SIKKY RAVISHANKAR RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HOME AFFAIRS THIRUVANANTHAPURAM 2. THE DIRECTOR GENERAL OF POLICE THIRUVANANTHAPURAM 3. THE INSPECTOR GENERAL OF POLICE NORTHERN RANGE. 4. THE SUPERINTENDENT OF POLICE PALAKKAD. 5. THE SUPERINTENDENT OF POLICE CRIME BRANCH, PALAKKAD. 6. THE SUB INSPECTOR OF POLICE AGALI 7. REXI, REKSHA VILLA, NARANIMUKKU, AGALI, PIN-678684 8. PATRIC, REKSHA VILLA, NARANIMUKKU, AGALI, PIN-678684 9. JOSSY,, REKSHA VILLA, NARANIMUKKU, AGALI, PIN-678684 BY GOVERNMENT PLEADER MR.KAMMAPPU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.RAMKUMAR, J. ------------------------------------- W.P(C). No. 21170 of 2010 -------------------------------------- Dated this the 8th day of July, 2010 JUDGMENT Petitioner, who is the father of the alleged victim in Crime No.110/2010 of Agali Police Station, seeks a direction to the respondents 2 and 3 (ie; The Director General of Police, Thiruvananthapuram and The Inspector General of Police, Northern Range) to hand over the investigation of the above case to the Crime Branch Police for further investigation. According to the petitioner, even though the offences punishable under Sections 366, 368, 376, 376 C, 326 and 324 read with 34 IPC were committed against his daughter, the Agali police registered only an offence punishable under Section 354 IPC and that too against the 7th respondent alone whereas 8th and 9th respondents were also involved in committing the aforesaid offences. 2. The FIR in this case registered by the Agali police has been forwarded to the J.F.C.M Court, Mannarcaud, ie; the Court which has got the power to monitor the investigation in the light of Sakkiri Vasu v. State of Uttar Pradesh 2008 (1) KLT (724) SC. The remedy of the petitioner is to move W.P(C). No. 21170 of 2010 : 2 : the learned Magistrate for appropriate reliefs. In case the Magistrate is convinced after perusing the investigation files that the investigation by the local police is not proceeding on proper lines, he shall have the power to entrust the investigation with the Crime Branch Police. This writ petition is disposed of permitting the petitioner to move the Magistrate for appropriate reliefs. V.RAMKUMAR, JUDGE dmb