IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 17TH JUNE 2009 / 27TH JYAISHTA 1931 Crl.MC.No. 1235 of 2009() ----------------------------------- CRIME NO.682/2008 OF MAVELIKKARA POLICE STATION .................. PETITIONER/DEFACTO COMPLAINANT -------------------------------------------------------- SASIKUMAR, AGED 42 YEARS, S/O. GOVINDAN, SASIKALA BHAVANAM, ERAVANKARA, MAVELIKKARA TALUK, ALAPPUZHA DISTRICT. BY ADV. MR.R.PADMAKUMAR RESPONDENTS: ----------------------- 1. DIRECTOR GENERAL OF POLICE, HEAD QUARTERS, THIRUVANANTHAPURAM. 2. THE DISTRICT SUPERINTENDENT OF POLICE, ALAPPUZHA. 3. THE SUB INSPECTOR OF POLICE, MAVELIKKARA. 4. VISWA PANIKKER, VIJAYA BHAVANAM, ERAVANKARA, MAVELIKKARA. 5. EBY, MAMPALLIL, ERAVANKARA, MAVELIKKARA. 6. ARUN, SREENILAYAM, ARANNOOTTIMANGALAM, MAVELIKKARA. R1 TO R3 BY PUBLIC PROSECUTOR MR.P. RAVEENDRA BABU R5 BY ADV. MR.M.R.SASITH THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No. 1235 of 2009 ORDER ON CRL. MA. NO.1926/2009 IN CRL. MC.NO.1235/2009. DISMISSED 17/06/2009. SD/- M.SASIDHARAN NAMBIAR, JUDGE //TRUE COPY// P.S. TO JUDGE rs. M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No.1235 OF 2009 =========================== Dated this the 17th day of June,2009 ORDER Petitioner is the de facto complainant in Crime 682/2008 of Mavelikkara Police Station. This petition is filed under section 482 of Code of Criminal Procedure to constitute a special team of police officials to investigate the assault on the petitioner for which the crime is registered. Petitioner had earlier approached this court by filing Crl.M.C.500/2009. As per order dated 2.2.2009 it was dismissed granting liberty to the petitioner to move the Magistrate for appropriate directions, in view of the decisions of the Apex Court in Sakiri Vasu v. State of U.P. & Others (2008 AIR SCW 309). According to petitioner, subsequently he filed Annexure VI application before the Magistrate and inspite of the direction by the Magistrate police has not taken proper action. It is contended that inspite of the fact that petitioner sustained fracture, the case is being investigated only for the offence under section 323 and 324 of Indian Penal Code and inspite of the directions Crl.M.C.1235/2009 2 petitioner was not questioned and in such circumstance a special team is to be constituted. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. Learned Public Prosecutor pointed out that subsequent to Annexure VIII application, offence under section 326 of Indian Penal Code is incorporated and case is being investigated for that offence also. It is also represented that subsequently statement of the petitioner was again recorded and the case is being thoroughly investigated and there is no necessity to constitute a special team as sought for. On the said submission of the learned Public Prosecutor I find no reason to constitute a special team of Police Officers to investigate the case as sought for. The Investigating Officer is directed to complete the investigation without delay. Petition is dismissed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006