IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 14TH MARCH 2011 / 23RD PHALGUNA 1932 WA.No. 2102 of 2010() --------------------- AGAINST THE JUDGEMENT IN WPC.32003/2010 Dated 24/11/2010 APPELLANT/ PETITIONER ------------------------ CHANDRAN @ THAMPI, AGED 36, S/O.SIVANANDAN, S.S.BHAVAN, MURUTHAN KODE, CHEMBOOR DESOM, KEEZHAROOR VILLAGE, NEYYATTINKARA, THIRUVANANTHAPURAM. BY ADV. SRI.R.GOPAN RESPONDENTS/ RESPONDENTS -------------------------- 1. THE DIRECTOR GENERAL OF POLICE, KERALA, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM-695001. 2. THE SUPERINTENDENT OF POLICE, THIRUVANANTHAPURAM-695001. 3. THE DEPUTY SUPERINTENDENT OF POLICE, NEYYATTINKARA DIVISION-695018. 4. THE CIRCLE INSPECTOR OF POLICE, VELLARADA CIRCLE-695020. 5. THE SUB INSPECTOR OF POLICE, VELLARADA POLICE STATION-695020. BY SR. GOVERNMENT PLEADER ADV. SMT. K. MEERA THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 07/03/2011, THE COURT ON 14/03/2011 DELIVERED THE FOLLOWING: J. CHELAMESWAR, CJ & P.R. RAMACHANDRA MENON, J. .............................................................................. W.A.No. 2102 OF 2010 ......................................................................... Dated this the 14th March, 2011 J U D G M E N T P.R. Ramachandra Menon, J. The de facto complainant in Crime No. 518 of 2004 of Vellarada Police Station ( forming the subject matter of CC.No.395 of 2005 on the file of the Judicial First class Magistrate-III, Neyyattinkara) is the appellant before this Court. 2. The issue pertains to the incident occurred on 07.10.2004 when the appellant was attacked by 8 persons with deadly weapons, leading to the crime registered by the Police, followed by the final report preferred under Section 173 of the Cr.PC in respect of the offences under sections 143, 147, 148, 149, 323, 324 and 326 IPC. 3. It is seen from the pleadings on record that the evidence was taken by examining C.W.3 as P.W.1 on10.05.2010, when he turned hostile. The appellant, in turn, verified the final W.A.No. 2102 OF 2010 2 report, when he came to know that most of the witnesses including C.W.3 were relatives of the accused and that the occurrence witness by name 'Shaji', whose name, though mentioned in the relevant records/proceedings, was not infact questioned by the Police, nor was he included as a witness by the investigating officer. It was in the said circumstance, that the appellant/de facto complainant filed a petition on 25.05.2010 before the trial court for re-investigation under Section 173(8) of the Cr.P.C., which however was dismissed on 23.07.2010 leading to the writ petition filed before this Court. Observing that the impugned order passed by the learned Magistrate did not call for any interference, the writ petition was dismissed, which is under challenge in this appeal. 4. When the matter came up for consideration before this Court, the Registrar ( Judicial) was directed to obtain information as to the long pendency of the matter and as to the sequence of events, pursuant to which, a 'Note' was put up before this Court on 04.01.2011, referring to the factual particulars furnished by the learned Magistrate that the trial was being protracted W.A.No. 2102 OF 2010 3 because of the acts/lapses on the part of the accused, coupled with the heavy backlog of the pending cases. It is also pointed out, as informed by the learned Magistrate, that after his taking charge on 22.02.2010, earnest efforts are being taken to regulate the proceedings in all pending cases. 5. With regard to the merits involved, a report was called for from the side of the investigating authorities, pursuant to which, a report dated 03.01.2011 was filed by one R. Prathapan Nair, C.I. of Police, Vellarada, which factually confirms non-citing of the occurrence witness by name Shaji; however certifying in the last paragraph that the investigating officers have investigated the case in a proper manner and charge sheet was filed after completion of the investigation. 6. Taking note of the deplorable state of affairs, this Court called upon the State Government to examine the matter at a higher level and to apprise the Court the views of the Government; pursuant to which a report dated 10.01.2011 was submitted by A. Hemachandran IPS, Inspector General of Police, Thiruvananthapuram Range, which, by and large confirmed the W.A.No. 2102 OF 2010 4 suspicion entertained by this Court, that the investigation did not proceed on the right lines. From the said report, it was revealed that the State Government had already issued necessary instructions to the Superintendent of Police, Thiruvananthapuram Rural to conduct a detailed enquiry into the whole episode and submit a report. It was also mentioned in the report that appropriate disciplinary action would be ordered, taking into account the gravity of the lapses committed by each officer, after obtaining the report. In the said circumstances, the above factual position was noted as per the order dated 11.01.2011 and the matter was adjourned to 27.01.2011. 7. In the course of the proceedings, a further report by Shri K. Padmakumar IPS, Inspector General of Police dated 24.01.2011 was filed before this Court. After considering the said report, the following order was passed on the said date: “A further report by Sri.K.Padmakumar, the Inspector General of Police, Thiruvananthapuram range dated 24.01.2011 is placed before us today. In substance four officers; (1) Sri.C.S.Suresh W.A.No. 2102 OF 2010 5 Kumar, Sub Inspector of Police, Vellarada Police State (at the relevant point of time) (2) Sri.C.G.Suresh Kumar, the Circle Inspector of Police, Neyyattinkara Police Station (at the relevant point of time) (3) Sri.K.J.Scariya, Deputy Superintendent of Police (at the relevant point of time) and (4) Sri.Gopakumar, the Assistant Sub Inspector of Police (at the relevant point of time) who registered the case are identified to be the officers who are responsible for the irregularities in the investigation which is the subject matter of enquiry in the instant writ petition. It is also stated in the report that the abovementioned Sri.C.S.Suresh Kumar is already placed under suspension by an order dated 24.01.2011 by the reporting officer. In so far as the other officers are concerned, the report indicates that Sri. C.G.Suresh Kumar was subsequently promoted as Deputy Superintendent of Police and therefore not within the jurisdiction of the reporting officer for the purpose of initiating disciplinary action and therefore the reporting officer informed the Director General of Police to initiate appropriate proceedings against the said Sri.C.G.Suresh Kumar. The report further states that Sri.K.J.Scariya and Sri.Gopakurmar have already retired from service and therefore proceedings can be initiated only at W.A.No. 2102 OF 2010 6 the level of the Government and appropriate communications are sent to the Government of Kerala through the Director General of Police. 2. The learned Senior Government Pleader, Smt.K.Meera seeks a week's time to apprise the Court as to what steps have been taken either by the Director General or the State pursuant to the report made by the Inspector General of Police, Sri.K.Padmakumar. List the matter on 03.02.2011.” 8. In view of the fact that two of the officers connected with the issue had already retired from the service, further proceedings were stated as to be taken against them by the Government, as pointed out by the Director General of Police , in his report dated 31.01.2011 filed before this Court. This is followed by the report dated 02.02.2011 filed on behalf of the Addl. Chief Secretary to the Government referring to the irresponsible, careless and negligent acts of the officers in discharging their duties while registering and investigating the Crime No.518 of 2004 of Vellarada Police Station, adding that action is being taken against the four concerned officers including W.A.No. 2102 OF 2010 7 an oral enquiry under Rule 6 of the Kerala Police Departmental Inquiries, Punishment and Appeal Rules, 1958 (against the serving officers) and as to the decision taken by the Government against the retired officers by virtue of Rule 59 of KSR Part III . 9. The position as above is confirmed by the Director General of Police as per his further report dated 07.02.2011. An additional report dated 26.02.2011 has been filed on behalf of the Addl. Chief Secretary to the Government, as to the further proceedings in connection with the enquiry and the ongoing steps. 10. Today, when the matter is taken up for consideration, the learned Government Pleader placed before this Court, a show cause notice dated 25.02.2011 issued to the retired officers as mentioned above, with regard to the proposed action to be pursued against them and submitted that further steps are being pursued in this regard. 11. Taking note of sequence of events, this Court finds that the police officers at the higher level and the Government have realised the gravity of the situation and have taken W.A.No. 2102 OF 2010 8 necessary steps to set things on the right track. In the said circumstance, this Court does not find it necessary to monitor the matter any further, but for observing that the proceedings shall be finalised, in accordance with law with regard to the delinquent action of the persons concerned. 12. In the course of hearing, it is also brought on record that the occurrence witness by name 'Shaji' has already been questioned and further proceedings have been filed by the Police/ investigating authorities before the concerned Magistrate's Court, based on which the trial is going on. 13. In the above circumstance, the trial shall be completed in accordance with law by the concerned Magistrate without delay, untrammelled by any observations made in this judgment. Ext.P6 order dated 23.07.2010 passed by the learned Magistrate in C.M.P. 7236 of 2010 in C.C. 395 of 2005 of the J.F.C.M.Court- III, Neyyattinkara (impugned in the writ petition) and the judgment dated 24.11.2010 passed by the learned Judge in W.P. (C) 32003 of 2010 stand set aside. The Writ Appeal is allowed to the above extent. No cost. W.A.No. 2102 OF 2010 9 The Registry shall forward a copy of this judgment to the Chief Secretary to the Government of Kerala, for information and further steps. J. CHELAMESWAR, CHIEF JUSTICE. P.R. RAMACHANDRA MENON, JUDGE. lk