IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 20TH SEPTEMBER 2010 / 29TH BHADRA 1932 WP(C).No. 25561 of 2010(Q) --------------------------------------- PETITIONER: ------------------- SHAJI P.GEORGE, S/O.T.M.GEORGE, AGED 54 YEARS, PANNAMOOTTIL HOUSE, CHEEKANAL MURI, OMALLOOR VILLAGE, KOZHENCHERRY THALUK, PATHANAMTHITTA. BY ADV. SRI.AJITH MURALI. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESETEND BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM -695 001 2. THE DIRECTOR GENERAL OF POLICE (HEAD OF POLICE DEPARTMENT) LAW & ORDER, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM -695 001. 3. THE SUPERINTENDENT OF POLICE, PATHANAMTHITTA, PATHANAMTHITTA DISTRICT-689 645. 4. THE DEPUTY SUPERINTENDENT OF POLICE, PATHANAMTHITTA,PATHANAMTHITTA DISTRICT-689 645. 5. THE CIRCLE INSPECTOR OF POLICE, PATHANMTHITTA POLICE STATION, PATHANAMTHITTA DISTRICT-689 645. 6. THE S.I.OF POLICE,PATHANAMTHITTA POLICE STATION, PATHANAMTHITTA DISTRICT-689 645. 7. GEORGE KUTTY, AGED 45 YEARS, CHENTHIYATHU VEEDU, NANNUVAKKADU, PATHANAMTHITTA VILLAGE, PATHANAMTHITTA-689 645. R1 TO R6 BY GOVERNMENT PLEADER SRI. P.A. SALIM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/09/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. --------------------------------------------- W.P.C.NO.25561 OF 2010 --------------------------------------------- Dated 20th September, 2010 JUDGMENT Petition is filed under Article 226 of Constitution of India for a writ of mandamus, directing second respondent to entrust the investigation of Crime No.646/2010 of Pathanamthitta Police Station to higher police officials with a direction to supervise the investigation by the second respondent and also for a direction to incorporate an offence under Section 307 of Indian Penal Code. Petitioner would contend that on 9/5/2010 at about 1 p.m seventh respondent along with 20 other persons illegally trespassed into his house and brutally attacked him, his son and wife with an intention to Wpc 25561/10 2 cause their death and caused grievous hurt to them and also caused damages to two cars parked in the car porch and though Crime No.646/2010 was registered for the offences under Sections 143, 144, 147, 148, 452, 323, 324, 326, 427 and 354 read with Section 149 of Indian Penal Code under Ext.P1 FIR, no proper investigation was being conducted and an offence under Section 307 was not included and police did not arrest the culprits. It is alleged that under Ext.P6 FIR, crime No.650/2010 of Pathanamthitta Police Station was registered against the petitioner as an accused, for the offences under Sections 341 and 323 read with Section 34 of Indian Penal Code. It is contended that it is due to the interference of political leaders, police is not properly investigating the case and in Wpc 25561/10 3 such circumstances, investigation is to be handed over to higher officials. 2. Fifth respondent Circle Inspector of Police, Pathanamthitta who is investigating the case filed a counter affidavit. Counter affidavit discloses that though Crime No.650/2010 was registered against the petitioner on investigation it was found that the case alleged against the petitioner is not correct and therefore, it is decided to file a refer report before the Judicial First Class Magistrate's Court in that case. It is also stated that investigation is proceeding in the right direction and apart from the seventh respondent, more accused persons could be identified, though they were not arrested and police is in search of them and in such circumstances, no change of investigation is Wpc 25561/10 4 warranted. 3. Learned counsel appearing for the petitioner and learned government Pleader were heard. 4. Apprehension of the petitioner regarding the lethargic investigation as well as influence of the political leaders is for the reason that a case has been registered against the petitioner and the accused in this case are not being arrested. Statement filed by the investigating officer shows that on investigation it is decided to submit a refer report before the learned Magistrate on the next day of filing of the statement. Statement also discloses that investigating officer has already identified six more accused, though they were not apprehended. In such circumstances, I do not find that it is Wpc 25561/10 5 necessary to transfer the investigation of the case to another officer as sought for. But it is made clear that investigation shall be supervised by the concerned Deputy Superintendent of Police and all efforts should be made by the fifth respondent to properly identify all the culprits and apprehend them and complete the investigation expeditiously. Petition is disposed. M.SASIDHARAN NAMBIAR, JUDGE. uj.