IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY WEDNESDAY, THE 3RD AUGUST 2011 / 12TH SRAVANA 1933 WP(C).No. 17703 of 2011(K) ---------------------- PETITIONER(S): ----------------------- 1. REV.B.DAVADANAM, AGED 55, C.S.I. CHURCH HOUSE, CHEMBOOR, OTTASEKHARAMANGALAM.P.O., THIRUVANANTHAPURAM-695 125. 2. SATHEESH KUMAR, S/O.KUNJAPPI, KARAMAM VEEDU, CHETHAN KALA, OTTASEKHARAMANGALAM.P.O., PIN-695 125. 3. LAJU MONI, S/O.P.C.MONI, ROSE COTTAGE, CHEMBOOR, OTTASEKHARAMANGALAM.P.O., PIN-695 125. 4. JAPAL SINGH, AGED 44, S/O.NAGAMANI, HIL VALI, THAVARUKONAM, MANCHAMCODE.P.O., PIN-695 125. BY ADV. SRI.R.GOPAN RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE HOME SECRETARY, SECRETARIAT, STATUE, THIRUVANANTHAPURAM - 695 001. 2. THE DIRECTOR GENERAL OF POLICE KERALA, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM - 695 001. 3. INSPECTOR GENERAL OF POLICE (SOUTH ZONE), NANDAVANAM, THIRUVANANTHAPURAM - 695 001. 4. R.PRATHAPAN NAIR, C.I.OF POLICE, VALLARADA POLICE STATION, VELLARADA-695 125, NOW WORKING AS C.I.OF POLICE, CBCID KOLLAM UNIT - 691 001. ...2/- WP(C).No. 17703 of 2011(K) -2- 5. S.JAYAKUMAR, SUB INSPECTOR OF POLICE, ARYANCODE POLICE STATION, OTTASEKHARAMANGALAM.P.O, PIN-695 125, NOW WORKING AS SUB INSPECTOR OF POLICE, ASSISTANT COMMISSIONER OF POLICE TRAFFIC, PATTOM, THIRUVANANTHAPURAM-695 001. 6. C.I.OF POLICE, VELLARDA POLICE STATION - 695 001. 7. RAJENDRAN HC T 8729, KATTAKADA POLICE STATION, RESIDING AT SHARON, CHEMPOOR, OTTASEKHARAMANGALAM.P.O. - 695 001. 8. ANFY RUSSEL GHC 992, (SBCID HQ ON DEPUTATION FROM KASARGOD DIST), RESIDING AT SREYAS, PANAVARATHALA, MANAHAMOODU.P.O. - 695 125. 9. SURESH KUMAR PCE 10448 (W/A IN THIRUVANANTHAPURAM RAILWAY ALERT CONTROL ROOM FROM AR ERNAKULAM CITY), RESIDING AT NELLIKKAPARAMBU, MANNAMKONAM.P.O.-695 125. R1 TO R3 & R6 BY GOVT. PLEADER SRI. B. VINOD R7 BY ADVS. SRI.SOORAJ T.ELENJICKAL SRI.K.NIRMALAN R9 BY ADV. SRI.G.SUDHEER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/08/2011, ALONG WITH WPC NO. 20177 OF 2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...3/- 0WP(C).No. 17703 of 2011(K) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : PHOTOCOPY OF THE REPRESENTATION SUBMITTED BY THE 1ST PETITIONER DATED 1.5.2010 BEFORE THE SUB INSPECTOR OF POLICE, ARYANCODE POLICE STATION. EXT.P2 : PHOTCOPY OF THE F.I.R. IN CRIME NO. 214/2010 OF ARYANCODE POLICE STATION DATED 2.5.2010. EXT.P2(a) : PHOTOCOPY OF THE F.I. STATEMENT IN CRIME NO. 214/2010 OF ARYANCODE POLICE STATION. EXT.P3 : PHOTOCOPY OF THE ORDER DATED 10.6.2010 IN B.A. NO. 3262 OF 2010 OF THIS HONOURABLE COURT. EXT.P4 : PHOTOCOPY OF THE COMPLAINT FILED BY M. YESUDASAN BEFORE THE RESPONDENTS 1 TO 3 DATED 15.9.2010. EXT.P4(a) : PHOTOCOPY OF THE POSTAL RECEIPTS ISSUED BY THE PROFESSIONAL COURIERS, NEYYATTINKARA. EXT.P5 : PHOTOCOPY OF THE ORDER NO. G2/55564/2010 21.7.2010 ISSUED BY THE 1ST RESPONDENT. EXT.P6 : PHOTOCOPY OF THE APPLICATION DATED 12.8.2010 FILED BY MR. JOY TO THE PUBLIC INFORMATION OFFICER. EXT.P7 : PHOTOCOPY OF THE REPLY DATED 16.10.2010 ISSUED BY THE 4TH RESPONDENT. EXT.P8 : PHOTOCOPY OF THE COMPLAINT DATED 13.1.2011 SUBMITTED BY THE 1ST PETITIONER BEFORE THE RESPONDENTS 1 TO 3 AND OTHERS. EXT.P8(a) : PHOTOCOPY OF THE POSTAL RECEIPTS ISSUED BY THE PROFESSIONAL COURIERS, NEDUMANGADU. EXT.P9 : PHOTOCOPY OF THE ORDER NO. G2/55564/2010 DATED 9.6.2011 ISSUED BY THE STATE OF POLICE CHIEF. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.A. TO JUDGE Mn B.P. RAY, J. ------------------------------------------------- W.P(C) No.17703 OF 2011 & W.P(C) No.20177 OF 2011 ------------------------------------------------- DATED THIS THE 3rd DAY OF AUGUST, 2011 O R D E R Heard Learned Counsel for the petitioners and the learned Public Prosecutor. 2. Petitioners, who are the injured in Crime No.214/2010 of Aryancode Police Station for offences punishable under Sections 143, 147, 148, 149, 452, 427, 324, 326 and 308 IPC, has filed W.P (C) No.17703/2011 with the following reliefs: “(i) Issue a writ of mandamus and call for the records leading to Ext.P9 and quash Ext.P9 by issued a writ of certiorari. (ii) issue a writ of mandamus or other directing the 1st and 2nd respondents to handover the investigation of Crime No.214/2010 of Aryancode Police Station to some other agency or an officer not below the IPC Rank. (iii)issue a writ of mandamus or other directing the respondents 1 to 3 to pass order for conducting departmental enquiry against the 4th and 5th respondent in the investigation of Crime No.214/2010 of Aryancode Police Station. (iv)issue such other order or direction as this Hon'ble Court may deem fit and proper for the facts and circumstances of this case.” W.P (C) Nos.17703 & 20177/2011 -2- 3. Petitioner is the defacto complainant in Aryancode Police Station. Crime No.215/2010 registered alleging offence punishable under Sections 143, 147, 148, 149, 324, 506 (ii), 452 and 395 IPC. Petitioner filed this writ petition for the following reliefs: “(i) Issue a writ of mandamus or any other appropriate writ order or direction commanding and compelling respondents 2 to 4 to handover the investigation of Crime No.215/2010 of Aryancode Police Station to some other Agency. (ii) direct the respondents 2 to 4 to arrest respondents 5 to 14 and produce them before Magistrate Court. (iii)issue a writ of certiorari calling for the records leading to Ext.P4 and such the same. (iv)issue a writ of mandamus commanding and compelling respondents 9, 10 & 12 in connection with Crime No.215 of 2010 of Aryancode Police Station.” 4. The learned Public Prosecutor, on instructions, states that both the crimes are now being investigated by the Deputy Superintendent of Police, Neyyattinkara. Learned Counsel for the petitioners submit that apprehending arrest they are filed 438 application which is now pending. 5. I am not inclined to interfere with the impugned order. Third party cannot challenge Ext.P9 order issued by the Director W.P (C) Nos.17703 & 20177/2011 -3- General of Police reinstating the petitioners pending disciplinary enquiry against them. It is open to the petitioners highlighting the grievance before the appropriate Forum. Writ petitions are disposed of. Sd/- B.P. RAY, JUDGE. AMG True copy P.A to Judge