IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 3RD JULY 2009 / 12TH ASHADHA 1931 WP(C).No. 15993 of 2009(Q) ------------------------------------------ (CRIME NO.77/CR/08 OF CBCID, KOZHIKODE) PETITIONER(S): ------------------------ 1. K.A. ANTONY, S/O. ANTONY, KUNNIKKURU HOUSE, P.O. PUTHUKKAD, TRICHUR, NOW RESIDING AT KANJOOR VALUNJUPADOM ROAD, CAMBRIDGE NAGAR, VARAKKARA P.O., TRICHUR DIST, PIN -680 325. 2. ABDUL RASHEED, S/O. AZEEZ,FATHIMA MANZIL,VELLAMUNDA POST, WYNAD DISTRICT. 3. ANCEN FERNANDEZ K.C., S/O. CLEETUS FERNANDEZ, C/O. ANTONY, FLAT NO. 2, DEVI CHAMBER, JANATHA JUNCTION, ERNAKULAM, NOW RESIDING AT C/O. ROYAL BAKERY, NEAR ACQUINAS COLLEGE, EDAKOCHI, KOCHI – 682 006. 4. NAZEER HUSSAIN, S/O. LATE SAIDU MOHAMMED, POKKAKKILLATH HOUSE, P.O. THRITHALLUR, TRICHUR-680 619. 5. DR. V.P. PRAKASH, VADIYAPARAMBATH HOUSE, NEAR MAHI RAILWAY STATION, P.O. AZHIYUR, KOZHIKODE DISTRICT, PIN 673 309. 6. P.C. SREELATHA, W/O. DR. PRAKASH, DO....DO... 7. POULOSE VARKEY,S/O. VARKEY, KOCHUKUDIYIL HOUSE, EAST MARADY P.O., MOOVATTUPUZHA, ERNAKULAM DISTRICT. BY ADV. MR.T.K.KUNHABDULLA Kss ..2/- ....2..... WPC.NO.15993/2009 Q RESPONDENT(S): -------------------------- 1. THE SECRETARY, HOME DEPARTMENT, GOVT. KERALA, THIRUVANANTHAPURAM. 2. THE DIRECTOR GENERAL OF POLICE ( LAW & ORDER), POLICE HEADQUARTERS, THIRUVANANTHAPURAM. 3. ADDL. DIRECTOR GENERAL OF POLICE (CRIMES), INJAKKAD P.O.,THIRUVANANTHAPURAM. 4. ASSISTANT COMMISSIONER OF POLICE, CRIME DETACHMENT, KOZHIKODE CITY, KOZHIKODE. 5. DEPUTY SUPERINTENDENT OF POLICE, CBCID, CHALAPPURAM, KOZHIKODE,(INVESTIGATING OFFICER IN CBCID CRIME NO.77/CR/08 OF CBCID, KOZHIKODE). 6. SUPERINTENDENT OF POLICE, CBCID, P.O.CHALAPPURAM, KOZHIKODE. 7. K. ASHOK KUMAR @ ANEESH @ JAMES, S/O. HARIDAS, AGED 52 YEARS, 'NISHA', KOZHIKODAN VEEDU, KARAPARAMBU P.O., KOZHIKODE. 8. HARIDAS, AGED 75 YEARS, 'NISHA', KOZHIKODAN VEEDU, KARAPARAMBU P.O., KOZHIKODE. 9. SANIL KUMAR,S/O. HARIDAS, AGED 45 YEARS, 'NISHA', KOZHIKODAN VEEDU, KARAPARAMBU P.O.,KOZHIKODE. 10. D.SALI, DYSP, CBCID, KOZHIKODE, RESIDING AT NISHA, KOZHIKODAN VEEDU, KARAPARAMBU P.O., KOZHIKODE. BY PUBLIC PROSECUTOR MR. AMJAD ALI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. ------------------------------------------ W.P.C.NO. 15993 OF 2009 ------------------------------------------ Dated 3rd July 2009 JUDGMENT This petition is filed under Article 226 of Constitution of India for a writ of mandamus directing first respondent, Secretary, Home Department to entrust the investigation of Exts.P2 and P6 complaints to fifth respondent, Deputy Superintendent of Police for investigation under the supervision of sixth respondent Superintendent of Police. Case of the petitioners is that believing the newspaper advertisement they had paid more than Rs.16 lakhs to seventh respondent who cheated them and Exts.P2 and P6 complaints were filed before fourth respondent, Assistant Commissioner of Police, Kozhikode and fifth respondent is investigating other complaints against seventh respondent and so investigation of Exts.P2 and P6 petitions also be entrusted to fifth respondent with a direction to supervise the investigation by sixth respondent. 2. Learned Government Pleader on WPC 15993/09 2 instructions submitted that there is no objection for entrusting the investigation of Exts.P2 and P6 complaints to fifth respondent under the supervision of sixth respondent. 3. In such circumstances, first respondent is directed to entrust the investigation of Exts.P2 and P6 complaints to fifth respondent who is reportedly investigating other complaints against seventh respondent. The investigation is to be supervised by sixth respondent. Writ petition is disposed accordingly. M.SASIDHARAN NAMBIAR, JUDGE. uj.