IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 3RD DECEMBER 2009 / 12TH AGRAHAYANA 1931 WP(C).No. 26666 of 2009(Q) --------------------------------------- CRIME NO.99/2008 OF CHENGANNUR POLICE STATION. ................... PETITIONER(S): ---------------------- P.G. MATHEW, S/O.P.M. VARGHESE, AGED 61YEARS, CHAKKITTAYIL HOUSE, THONAKKADU PO, CHERIYANDU VIA, CHENGANNUR, ALLEPPEY DIST. BY ADV. MR.M.RAMESH CHANDER SMT.K.A.SANJEETHA RESPONDENT(S): ------------------------- 1. STATE OF KERALA REP.BY SECRETARY TO HOME AFFAIRS, GOVERNMENT OF KERALA,TRIVANDRUM. 2. DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, TRIVANDRUM. 3. SUPERINTENDENT OF POLICE, ALLEPPEY. 4. STATION HOUSE OFFICER,CHENGANNUR POLICE STATION, ALLEPPEY. R1 TO R4 BY GOVERNMENT PLEADER MR.K.S. SIVAKUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ W.P.C.NO. 26666 OF 2009 ------------------------------------------ Dated 3rd December 2009 JUDGMENT Petition is filed under Article 226 of Constitution of India for a direction to investigate Ext.P1 crime by Crime Branch or to constitute a special investigation team. Case of the petitioner is that on 17/2/2008 petitioner received a phone call that his daughter-in-law was admitted in the hospital at Aluva for delivery and she is in a serious condition and therefore he proceeded to Chengannur railway station accompanied by his wife in a scooter and when they reached near Chengannur railway station, a motor cycle which came from opposite side slow down and the rider who could be identified by the petitioner, snatched away the gold necklace worn by his wife and in the process petitioner fell down along with wife and on hearing the cry persons from neighbourhood reached there and by that time persons who committed theft sped away and Ext.P1 FIR was registered in crime No.99/2008. It is contended that Wpc 26666/09 2 case is not being properly investigated and therefore, it is to be investigated either by the Crime Branch or a special investigation team. 2. Learned Government Pleader submitted that though the case was originally investigated by Sub Inspector of Police, on 4/9/2009, investigation of the case was entrusted with Circle Inspector of Police, Chengannur as directed by the Superintendent of Police, Alappuzha and case is properly investigated. 3. In such circumstances, I find it not necessary to entrust the investigation either to the Crime Branch or Special investigation team as sought for. If petitioner has any grievance with regard to the investigation, he is at liberty to approach the concerned Magistrate under Section 156(3) of Code of Criminal Procedure. Petition is disposed. M.SASIDHARAN NAMBIAR, JUDGE. uj.