IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 27TH JULY 2010 / 5TH SRAVANA 1932 WP(C).No. 32853 of 2009(Q) -------------------------- SC.16/2007 of DISTRICT COURT, KASARAGOD .................... PETITIONER(S): ----------- ARAVINDAN MANIKOTH, MANAGING EDITOR,LATEST MALAYALAM DAILY, P.B.NO.40,KANHANGAD-671 315. BY ADV. SRI.S.SREEKUMAR SRI.P.MARTIN JOSE SRI.P.PRIJITH SRI.S.VAIDYANATHAN RESPONDENT(S): --------------- 1. STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUPERINTENDENT OF POLICE, CRIME BRANCH(CBCID),KASARAGOD. GOVERNMENT PLEADER SRI. C.S.HRITHICK THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR, J. .................................................. W.P. ( C) No. 32853 of 2009 .................................................. Dated: 27th day of July, 2010 JUDGMENT In this Writ Petition filed under Article 226 of the Constitution of India, the petitioner who is the Printer, Publisher and Chief Editor of a Malayalam Daily namely “Latest” published from Kanhangad seeks a direction to the first respondent State of Kerala to conduct further investigation in Crime No. 208 of 2002 of Hosdurg Police Station and now pending before the Addl. Sessions Court, Kasaragod as S.C. No. 16 of 2007 by appointing another officer or in the alternative to direct the Superintendent of Police, Crime Branch, (CBCID), Kasaragod to conduct further investigation with regard to the points raised by the petitioner in Exts.P7 and P8 representations submitted by him before the government. 2. The above crime was registered on the allegation that on 2- 5-2002 at about 11.30 p.m. four persons attempted to murder the petitioner by assaulting him and his Watchman one Balakrishnan with deadly weapons at Koovappally in Kanhangad. Crime No. 208 of 2002 was registered by the Hosdurg Police for offences punishable under Sections 324 and 307 read with Sec. 34 I.P.C. The W.P. ( C) No. 32853 of 2009 -:2:- investigation was taken over by the Crime Branch Police under the leadership of N.P.Balakrishnan, Superintendent of Police, CBCID, Kannur. On 24-11-2005 the Crime Branch Police filed the final report before the J.F.C.M. I, Hosdurg charge sheeting seven persons for offences punishable under Sections 143, 147, 148, 324, 307, 109 and 201 read with Sec. 149 I.P.C. A1 to A5 are alleged to be the hired goondas and A6 is the brother of the Chairperson of the Muncipality against whom certain publications were made in the daily “Latest” belonging to the petitioner. A7 is the owner of the Jeep bearing Reg. No. KLL 6231 allegedly used by the assailants. 3. As mentioned earlier eventhough the final report was filed as early as on 24-11-2005, this Writ Petition has been filed only on 16- 11-2009 alleging that investigation conducted by the Crime Branch Police is not satisfactory . In the light of the decisions reported in Sakiri Vasu v. State of U.P. and others - 2008 (1) KLT 724 (SC) and Thomas V.C. v. Achamma Thomas - 2009 (2) KHC 693, the remedy of the petitioner is to move the Magistrate concerned. Now that the case is pending trial before the Addl. Sessions court (Adhoc - III), Kasaragod, the forum where the petitioner can ventilate his grievances is that Court. Hence, the petitioner may move that Court for appropriate reliefs. In case, after considering the submissions made on behalf of the petitioner that Court is convinced that the matter requires further investigation, that court shall be entitled to W.P. ( C) No. 32853 of 2009 -:3:- order such investigation in the light of Kashmeri Devi v. Delhi Administration - (1998) SCC Crl. 864 This Writ Petition is disposed reserving the above right of the petitioner. Dated this the 27th day of July, 2010. Sd/-V. RAMKUMAR, JUDGE /true copy/ P.S. to judge