IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 14TH JULY 2008 / 23RD ASHADHA 1930 WP(C).No. 17746 of 2008(K) -------------------------- CP.5/2008 of J.M.F.C., PATTAMBI .................... PETITIONERS: ------------ 1. SYED @ SAITHALI HAJI, AGED 49 YEARS S/O.KUNJUVU, KURUVAKULAM HOUSE PUTHALIPURAM PO., CHATHANUR, THIRUMITTAKODE. 2. ABDUL RAHIMAN, S/O.KUNJAVU, KURUVAKULAM HOUSE, PUTHALIPURAM PO., CHATHANUR, THIRUMITTAKODE 3. KUNHI KOYA THANGAL, S/O.B.KUNHIBEEVI, OC DUMPULI HOUSE, PERINKANNOOR AMSOM, ITTONAM DESOM, OTTAPPALAM TALUK 4. IMBICHI KOYA THANGAL, S/O.ATTA BEEVI, PE RINKANNOOR AMSOM, ITTONAM DESOM,OTTAPPALAM TALUK BY ADV. SRI.RAJIT SRI.RANJIT BABU RESPONDENTS: ------------- 1. THE SUPERINTENDENT OF POLICE, PALAKKAD, COLLECTORATE, PALAKKAD. 2. THE DEPUTY SUPERINTENDENT OF POLICE, NARCOTIC CELL, PALAKKAD. 3. THE CIRCLE INSPECTOR OF POLICE, PATTAMBI POLICE STATION, PATTAMBI, PALAKKAD. BY GOVERNMENT PLEADER SRI.GIKKU JACOB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT, J ------------------------------------ W.P(C). No.17746 of 2008 ------------------------------------- Dated this the 14th day of July, 2008 JUDGMENT Petitioners, 4 in number, are accused 1 to 4 in a crime registered as Crime No.91 of 2007 of Chalissery Police Station. Investigation into that crime is now complete and a final report has already been filed on the basis of that final report. Cognizance has been taken and C.C.No.5 of 2008 has been registered before the Judicial Magistrate of the First Class, Pattambi. This crime, it is submitted, is an offshoot of a civil litigation between rival contestants about a jaram in the locality. The defacto complainant and the accused belong to two rival groups, which have been litigating before the civil courts in respect of rights regarding the said jaram. The petitioners/accused have a definite case that the Assistant Sub Inspector of the local Police Station, the C.I of police having jurisdiction and the Dy.S.P having jurisdiction over the area have all colluded together to foist a false case against the petitioners and to file a charge sheet against them. A complaint was raised before the Superintendent of Police and the Superintendent of Police had directed a senior official - Dy.S.P, Narcotic Cells, W.P(C). No.17746 of 2008 2 Palakkad to conduct an enquiry into the conduct of investigating officers in respect of the investigation in this crime. Accordingly such an enquiry has been conducted by the Dy.S.P, Narcotic Cell, Palakkad and he had submitted Ext.P3 report before the Superintendent of Police. The Superintendent of Police thereafter had allegedly directed the Dy.S.P, Shoranur to conduct a further investigation. Accordingly report was submitted before the learned Magistrate and further investigation under Section 173(8) Cr.P.C is pending. The petitioners now have received notice from the said Investigating Officer, ie. the Dy.S.P, Shoranur, one Mr.Ramachandran by name. 2. The petitioners had come to this Court with a grievance that the further investigation had not even commenced. But it was during the pendency of this Writ Petition that they received notice from the Investigating Officer to appear before him. The petitioners submit that interests of justice will not be served if the said officer - Sri.Ramachandran, Dy.S.P, Shoranur were himself to conduct investigation into the crime. It is pointed out that in Ext.P3 report, reference is made to the presence of the said Dy.S.P at the police station when the crime was registered. In these circumstances investigation by the said officer may not satisfy the interests of justice, it is pointed out. W.P(C). No.17746 of 2008 3 3. Notice was given to the learned Government Pleader . The learned Government Pleader submits that the investigation is in progress. The learned Government Pleader submits that there is absolutely no necessity now to change the Investigating Officer. There is no sufficient ground made out for any change of the officer conducting the further investigation now, submits the learned Government Pleader. 4. Having considered all the relevant circumstances, I am persuaded to agree that the interests of justice will be served better and justice will seem to have been done better if further investigation were conducted by an official other than the official in respect of whom allegations have been raised by the petitioners. I am, in these circumstances, satisfied that appropriate directions can be issued. 5. In the result, this Writ Petition is allowed in part. It is directed that the 1st respondent must forthwith ensure that further investigation in Crime No.91 of 2007 of Chalissery Police Station is conducted by any police official of and above the rank of a Dy.S.P, but not Sri.C.K.Ramachandran, who is functioning as the Dy.S.P, Shoranur. Investigation can now be conducted by any Dy.S.P to be specified by the 1st respondent - not the Dy.S.P who submitted Ext.P3 report or the Dy.S.P, Shoranur-Sri.C.K.Ramachandran. W.P(C). No.17746 of 2008 4 Necessary directions in this regard shall be issued within a period of one month from this date. 6. Hand over a copy of this judgment to the learned Government Pleader straightaway. Action taken shall be intimated to the Court and the petitioners herein also. (R.BASANT, JUDGE) rtr/-