IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 8TH OCTOBER 2010 / 16TH ASWINA 1932 WP(C).No. 28034 of 2010(Q) ---------------------------------------- CRIME NO.144/2009 OF BALARAMAPURAM POLICE STATION. ................ PETITIONER(S): ----------------------- MADHUSOODHANAN, S/O.RATNASWAMI SAMARDHAKAM, POOMUKHATHU VEEDU, NANNAMKUZHI, BALARAMAPURAM, THIRUVANANTHAPURAM-695 501. BY ADV. SRI.C.R.SIVAKUMAR, SMT.NIKHILA SOMAN, SRI.KRISHNAN.S.RAJ, SMT.A.R.SINDHU, SRI.M.JAFARKHAN. RESPONDENT(S): --------------------------- 1. THE STATE OF KERALA, REP. BY THE PRINCIPLE SECRETARY TO HOME SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, VAZHUTHAKKAD, THIRUVANANTHAPURAM-695 001. 3. THE SUPERINTENDENT OF POLICE (RURAL), S.P.OFFICE, THIRUVANANTHAPURAM. 4. THE CIRCLE INSPECTOR OF POLICE, NEYYATTINKARA POILCE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 5. THE SUB INSPECTOR OF POLICE, BALARAMAPURAM POLICE STATION, THIRUVANANTHAPURAM-695 501. WP(C).No. 28034 of 2010(Q) 6. SREEKUMAR, S/O.THANKAYYAN NADAR, KUMAR BUILDING, MAVARATHOTTAM, KATTACHALKUZHI, THIRUVANANTHAPURAM-695 509. 7. SAJU, S/O.VISWMBARAN, THADATHARIKATHU VEEDU, MANNARAKANDAM, PULIYOOR KONAM, THIRUVANANTHAPURAM, PIN-695 576. 8. RAVI @ RAJAN, S/O.JUSTIN, RAJ NIVAS, NANNAMKUZHY, BALARAMAPURAM, THIRUVANANTHAPURAM-695 501. 9. JAYASUDHEER, S/O.SREEDHARAPANICKER, VARUTHATTU NIRAYAM, PUTHENKANAM, THIRUVANANTHAPURAM, PIN-695 509. R1 TO R5 BY PUBLIC PROSECUTOR SMT.M.K. PUSHPALATHA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/10/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. --------------------------------------------- W.P.C.NO.28034 OF 2010 --------------------------------------------- Dated 8th October, 2010 JUDGMENT Petitioner, the injured in Crime No.144/2009 of Balaramapuram Police Station, registered under Ext.P1 FIR, filed this petition under Article 226 of Constitution of India for a writ of mandamus directing the second respondent to monitor the investigation and also to direct second respondent to pass appropriate order to re-investigate Exts.P2 and P4 crimes along with Ext.P1 crime contending that the case is not being properly investigated. The Detective Inspector of CBCID filed a statement which discloses that Crime No.144/2009 of Balaramapuram Police Station was subsequently re-registered and renumbered as Cr.386/CR/2010 and case is Wpc 28034/10 2 being investigated by CBCID and though two crimes were also registered against sixth respondent, in one case final report was submitted and accused was acquitted and the investigation reveals that petitioner when examined by the doctor, only reported that the injuries were inflicted by some identifiable persons without naming the accused. But in subsequent statement he had furnished the name of the accused and case is being investigated properly and call details and tower location of mobile phones of the accused persons are to be collected and verified and there is no circumstance warranting transfer of investigation of the case to a superior officer as sought for. 2. Learned counsel appearing for the petitioner and learned Government Pleader were heard. Wpc 28034/10 3 3. On hearing the learned counsel appearing for the petitioner and the contentions raised in the petition with the statement of the investigating officer it is clear that petitioner has approached this Court under the belief that case is being investigated by the local Police, who is allegedly connected with sixth respondent. When the statement reveals that it is not being investigated by the local police but by the CBCID, I do not find any circumstance warranting monitor of the investigation by this Court or to hand over investigation to a superior officer at present. Petition is dismissed. M.SASIDHARAN NAMBIAR, JUDGE. uj.