IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 7TH DECEMBER 2010 / 16TH AGRAHAYANA 1932 WP(C).No. 29262 of 2010(Q) ------------------------------------- CRIME NO.242/2010 OF VATTIYOORKAVU POLICE STATION. .......... PETITIONER(S): ---------------------- MAHESH @ KOCHUKUTTAN,AGED 27 YEARS, S/O.AGNISAMANAN NAMBOODIRI,RESIDING AT THENGUMADAM VEEDU,HOUSE NO.VIII/253,OTTASEKHARAMANGALAM, NEYYATTINKARA,THIRUVANANTHAPURAM. BY ADV. SRI.S.JAYAKRISHNAN RESPONDENT(S): ------------------------- 1. THE DIRECTOR GENERAL OF POLICE, O/O.THE DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM. 695 001. 2. THE DEPUTY POLICE COMMISSIONER (ADMINSTRATION & CRIMES),THIRUVANANTHAPURAM CITY, PIN-695001. 3. THE ASSISTANT POLICE COMMISSIONER, NARCOTIC CELL,THIRUVANANTHAPURAM CITY, PIN-695001. 4. THE CIRCLE INSPECTOR OF POLICE, PEROORKADA,THIRUVANANTHAPURAM,PIN-695001. 5. THE SUB INSPECTOR OF POLICE, VATTIYOORKAVU,THIRUVANANTHAPURAM, PIN-695 001. GOVERNMENT PLEADER SRI.I.V.PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.SASIDHARAN NAMBIAR,J. =========================== W.P.(C).No. 29262 OF 2010 =========================== Dated this the 7th day of December,2010 JUDGMENT Petition is filed under Article 226 of the Constitution of India for a writ of mandamus directing first respondent to entrust the investigation of Crime 242/2010 of Vattiyoorkavu Police Station to a superior officer not below the rank of Superintendent of Police and also for a direction to consider and pass orders on Ext.P6 representation seeking fair investigation and action against officers who are not fairly investigating the case. Petitioner the accused contended that though he is an accused the case was originally registered under section 354 of Indian Penal Code, based on the statement given by the de facto complainant and subsequently an offence under section 376 of Indian Penal Code was W.P.(C)29262/2010 2 incorporated and the case is not being fairly investigated. 2. The Assistant Commissioner of Police, Narcotic Cell, Thiruvananthapuram filed an affidavit showing the progress of the investigation. 3. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 4. Learned Public Prosecutor made available a certified copy of the statement of the victim recorded under section 164 of Code of Criminal Procedure by the learned Magistrate which discloses an offence under section 376 of Indian Penal Code. It is also clear that the case is being investigated properly by the Assistant Commissioner of Police. 5. In such circumstances, I do not find any reason to give any direction as sought for. In any case, as Ext.P6 representation is submitted to the first respondent, first respondent is directed to W.P.(C)29262/2010 3 consider Ext.P6 representation and pass appropriate orders in accordance with law. Petition is disposed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006