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. 21215 of 2010(Q) -------------------------- CRIME NO.263/2010 OF FEROKE POLICE STATION ----------------------------- PETITIONER(S): --------------- PATHEYI, W/O. LATE ABDULLA, AGED 53 YEARS, AMBALAPURAM HOUSE, CHANDAKADAVU, FEROKE P.O., CALICUT. BY ADV. SRI.K.M.FIROZ SMT.SHAJNA FIROZ RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR GENERAL OF POLICE (KERALA), POLICE HEAD QUARTERS, THIRUVANANTHAPURAM. 3. THE ADDITIONAL DIRECTOR GENERAL OF POLICE (CRIMES), CRIME BRANCH CID, HEAD QUARTERS, THIRUVANANTHAPURAM. 4. THE SUPERINTENDENT OF POLICE, CRIME BRANCH, CB CID, KOZHIKODE. 5. THE COMMISSIONER OF POLICE, KOZHIKODE CITY, KOZHIKODE. 6. THE ASSISTANT COMMISSIONER OF POLICE (SOUTH), KOZHIKODE. 7. THE SUB INSPECTOR OF POLICE, FEROKE POLICE STATION, FEROKE, KOZHIKODE. BY GOVERNMENT PLEADER MR.C.S.HRITHICK 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.21215 of 2010 -------------------------------------- Dated this the 8th day of July, 2010 JUDGMENT Petitioner, who is the de facto complainant in Crime No.263/2010 of Feroke Police Station, seeks a direction to respondent Nos. 1 and 2 (ie; The State of Kerala and The Director General of Police) to hand over the investigation of the above crime to an impartial officer of proven record or to the Crime Branch. According to the petitioner, the five persons referred to in Ext.P1 private complaint and Ext.P2 FIR, had committed offences punishable under Sections 143, 147, 323, 324, 427, 452 and 506 read with 149 IPC. Since the police initially did not register a crime, the petitioner had to file Ext.P1 complaint before the J.F.C.M Court-I, Kozhikkode and the same was got forwarded to the Feroke Police Station under Section 156(3) Cr.P.C and that was how Ext.P2 FIR was registered. The petitioner would have it that, due to the local political influences the police are inert and no meaningful investigation has been conducted in the above Crime. Even though the petitioner moved the 2nd respondent, the Director General of Police, the 3rd respondent, the Additional Director W.P(C). No.21215 of 2010 : 2 : General of Police and the 5th respondent Commissioner of Police, Kozhikkode as per Ext.P3 and Ext.P4 representations there has been no progress in the investigation. Hence this writ petition. 2. After the decision of the Apex Court in Sakkiri Vasu v. State of Uttar Pradesh 2008 (1) KLT (724) SC, it is the Magistrate who is to be approached for proper monitoring of the investigation. In case the petitioner is able to convince that the investigation is not proceeding on proper lines, the Magistrate has got the power to entrust the investigation with a higher Officer including the Crime Branch (See also the decision in Meenukumari v. State of Bihar 2006 (4) SCC 359. Accordingly, this writ petition is disposed of permitting the petitioner to move the J.F.C.M Court-V, Kozhikkode for appropriate reliefs with regard to the investigation of the above crime. V.RAMKUMAR, JUDGE dmb