IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 21ST MAY 2010 / 31ST VAISAKHA 1932 WA.No. 324 of 2010 ---------------------- AGAINST THE JUDGEMENT IN WPC.22337/2009 Dated 16/12/2009 .................... APPELLANT/PETITIONER -------------------------- ASHARAF, S/O.MUHAMMED RAVOOTHER, VARIKKAMANNIL HOUSE, NEAR ERAKKUMPALAM, ELAMDESAMKARA, VELLIYAMATTAM VILLAGE, THODUPUZHA, IDUKKI DISTRICT. BY ADV. SRI.S.SREEKUMAR SRI.P.MARTIN JOSE SRI.P.PRIJITH SRI.ANEESH JAMES RESPONDENTS/RESPONDENTS: ----------------------------------- 1. SUB INSPECTOR OF POLICE, KANJAR POLICE STATION, KANJAR, THODUPUZHA, IDUKKI DISTRICT. 2. ASST. DIRECTOR GENERAL OF POLICE, CRIME BRANCH, THIRUVANANTHAPURAM. 3. STATE OF KERALA, REP. BY ITS SECRETARY TO HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 4. INSPECTOR GENERAL OF POLICE, C/O.OFFICE OF INSPECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM. BY SR.GOVERNMENT PLEADER SMT.K.MEERA THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 21/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.Chelameswar, C.J. & P.N.Ravindran, J. ------------------------------------------ W.A. No. 324 of 2010 ------------------------------------------ Dated this the 21st day of May, 2010 JUDGMENT Ravindran, J. The appellant is the writ petitioner in W.P.(C) No.22337 of 2009. The writ petition was filed seeking a direction to the respondents to handover the investigation of Crime No.98 of 2009 of the Kanjar Police Station to the Crime Branch. By the judgment delivered on 16th December, 2009 the learned single Judge dismissed the writ petition. Hence this writ appeal. 2. The pleadings in the case disclose that the petitioner's son Fazil died due to drowning on 16.3.2009. The facts disclose that he along with three other boys named Amman, Afsal and Faisal had gone to the river and on hearing the cry of the other boys, two persons named Muhammed and Sunny rushed to the spot and W.A.No.324 of 2010 - 2 - brought Fazil to the shore and took him to the hospital where he died. The main contention raised by the petitioner is that though such a case is set out in the First Information Statement recorded by the Police, it was not the one given by him. He contended that his signature was obtained on the First Information Statement prepared by the Police. The said contention was overruled by the learned single Judge after perusing the case diary and the connected documents. The learned single Judge has held that even in the petition filed before the Judicial First Class Magistrate's Court, Thodupuzha, the petitioner had no plea that he was forced to affix his signature to the First Information Statement which did not correctly record the incident. The learned single Judge has also perused the case diary and held that the case diary reveals that the three boys who had accompanied the deceased son of the petitioner had also given similar versions. In such W.A.No.324 of 2010 - 3 - circumstances, we are of the considered opinion that the decision of the learned Single Judge does not warrant interference. The writ appeal fails and it is accordingly dismissed in limine. J.Chelameswar, Chief Justice P.N.Ravindran, Judge vns