IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 16TH JUNE 2010 / 26TH JYAISTHA 1932 WP(C).No. 9059 of 2010(Q) ------------------------- CRIME NO.81/2006 OF MARARIKULAM POLICE STATION PETITIONER(S): ----------------------- SADANANDA JITH, AGED 64, S/O.BHASKARAN, VELLAPPILLY VEEDU, MARARIKULAM VADAKU PANCHAYATH. BY ADV. SRI.S.RAJEEV RESPONDENT(S): --------------------------- 1. DIRECTOR GENERAL OF POLICE, (LAW AND ORDER), POLICE HEAD QUARTERS, THIRUVANANTHAPURAM. 2. SUB INSPECTOR OF POLICE, MARARIKULAM POLICE STATION, (CRIME NO.81/2006), MARARIKULAM. 3. CIRCLE INSPECTOR OF POLICE, MARARIKULAM POLICE STATION. 4. SUPERINTENDENT OF POLICE, OFFICE OF THE SUPERINTENDENT OF POLICE, ALAPPUZHA. 5. SIVARAJ, FORMER SUB INSPECTOR OF POLICE, (DURING MARCH 2006), MARARIKULAM POLICE STATION. WP(C).No. 9059 of 2010(Q) 2 6. THUSHAR, AGED 31 YEARS, S/O.SASIDHARAN, MANNATHANPARAMBU VEEDU, MARARIKULAM VADAKKU PANCHAYATH, MARARIKULAM. 7. DILEEP @ KANNAN, AGED 26 YEARS, S/O.DINESHAN, VELIYIL VEEDU, MARARIKULAM VADAKKU PANCHAYATH, MARARIKULAM. 8. K.K.MAHESHAN, AGED 43 YEARS, S/O.KRISHNANKUNJU, KOOTTUNGAL VEEDU, MARARIKULAM VADAKKU PANCHAYATH, MARARIKULAM. 9. ANIL, AGED 30 YEARS, S/O.SASIDHARAN, MANNATHANPARAMBU VEEDU, MARARIKULAM VADAKKU PANCHAYATH, MARARIKULAM. GOVERNMENT PLEADER SRI.C.S.HRITHWICK THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = W.P.(c).No.9059 of 2010 = = = = = = = = = = = = = = Dated this the 16 th day of June, 2010 JUDGMENT Petitioner, who retired from the Kerala Police as Assistant Sub Inspector of Police and now engaged in the activities of S.N.D.P Yogam is alleged to have sustained a fracture on his right leg and other injuries allegedly on an attack made by respondents 6 and 7 (accused numbers 1 and 2) in the presence of the 9th respondent (A4) and at the instigation of the 8th respondent (A3). The Mararikulam police registered a case against the accused persons as Crime No.81/2006 under Sections 109,341,326 and 308 read with 34 IPC. According to the petitioner it was the 5th respondent Sri.P.K.Sivaraj who was the Sub Inspector of Police who recorded the 154 statement of the petitioner and the petitioner had given a detailed narration of the incident to the Police. It is the case of the petitioner that he was under the impression that the statement given by him to the W.P.(c).No.9059 of 2010 2 5th respondent was truly and faithfully recorded by the Station House Officer without omitting any details and that all the persons mentioned by the petitioner were arrayed as accused. But the petitioner subsequently came to know that his statement was not truly recorded by the 5th respondent, who had substituted the First Information Statement of the petitioner after forging his signature in the first information report filed by the 5th respondent. He had charge-sheeted only respondents 6 and 7 as accused Nos.1 and 2 and respondents 8 and 9 were deleted from the array of accused. The petitioner immediately filed a complaint before the official superiors of the 5th respondent and a further investigation was ordered after removing the 5th respondent from the investigation. The further investigation was conducted by the 3rd respondent, Sub Inspector of Police, Mararikulam. According to the petitioner, the 3rd respondent also conducted the investigation in such a manner as to protect the 5th respondent. The 3rd respondent has also filed a final report W.P.(c).No.9059 of 2010 3 on 22.1.2010 before the J.F.C.M -II, Alappuzha to the effect that respondents 6 and 7 are the only culprits. The 3rd respondent has also deleted respondents 8 and 9 from the array of accused. The learned Magistrate took cognizance of the said case and registered the case as C.C.No.1203/2006. It is at this stage that the petitioner has approached this Court with this writ petition seeking a direction to the 1st respondent to order a thorough investigation with regard to the allegations made by the petitioner against the 5th respondent and to order a further investigation of Crime No.81/2006 of Mararikulam Police Station. 2. Eventhough on 18.3.2010 and subsequently on 30.4.2010, this Court repeatedly directed the filing of a statement, so far no statement has been filed traversing the allegations of the petitioner. The grievance of the petitioner is that, it was without even conducting any scientific investigation regarding the allegations of the petitioner that his First Information Statement was substituted after W.P.(c).No.9059 of 2010 4 forging his signature that the 3rd respondent came to the conclusion that the F.I.Statement had not been substituted nor the signature forged. To say whether the signature of a person is a forged one or not the investigating Officer cannot take upon himself the role of an expert. The specimen signatures of the petitioner should have been taken and forwarded to the handwriting expert along with the substituted signature (questioned signature) for comparison and opinion. That has not been done. The failure on the part of the petitioner to appear before the 3rd respondent is stated to be the explanation for not questioning the petitioner. The petitioner, however, has got a contention that when he was summoned by the 3rd respondent, the petitioner was at KVM Hospital and the 3rd respondent was duly informed about the petitioner's inability to appear before the 3rd respondent and had asked for further time but no time was granted. 3. Having regard to the facts and circumstances narrated above, it is necessary that the case is to be W.P.(c).No.9059 of 2010 5 investigated by an officer not below the rank of a Dy.S.P. Accordingly, as suggested by the learned Public Prosecutor on the request by this Court, the investigation of Crime No.81/2006 of Mararikulam Police Station shall be taken over by Sri.Bernad Dev, Dy.S.P., Crime Detachment, Alappuzha, who shall investigate the case impartially, without fear or favour and file a final report before the Magistrate concerned. The aforesaid Dy.S.P. shall also go into the question as to whether the First Information Statement allegedly given by the petitioner to the 5th respondent herein earlier had been substituted by another statement after forging his signature. The investigation file shall be handed over to Sri.Bernad Dev by the 3rd respondent immediately. This writ petition is disposed of as above. Dated this the 16th day of June, 2010. V. RAMKUMAR, JUDGE sj