IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 12TH FEBRUARY 2008 / 23RD MAGHA 1929 WP(C).No. 35429 of 2007(P) -------------------------- PETITIONER: ------------ C.SOMAN, LALA NIVAS, PACHALLOOR, THIRUVANANTHAPURAM. BY ADV. SRI.PIRAPPANCODE V.S.SUDHIR RESPONDENTS: ------------- 1. THE DIRECTOR GENERAL OF POLICE, KERALA, POLICE HEADQUARTERS, THIRUVANANTHAPURAM. 2. THE COMMISSIONER OF POLICE, THIRUVANANTHAPURAM. 3. ASSISTANT COMMISSIONER OF POLICE, NARCOTIC CELL, THIRUVANANTHAPURAM. 4. CIRCLE INSPECTOR OF POLICE, VIZHINJAM. BY GOVERNMENT PLEADER SRI.GIKKU JACOB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT, J. ---------------------- W.P.C.No.35429 of 2007 ---------------------------------------- Dated this the 12th day of February 2008 J U D G M E N T The petitioner is the first accused and he faces allegations in a crime registered under the Immoral Traffic Prevention Act. He is arrayed as the first accused. Altogether there are four accused persons. The other accused are the employees of the petitioner herein. While investigation in that case was being conducted by the fourth respondent - the Circle Inspector of Police of Vizhinjam, who had registered the crime, the petitioner lodged a complaint before the Director General of Police. He complained that the fourth respondent is interested in falsely implicating him and at the instance of some others who are ill- disposed to the petitioner because of business interest, such a crime has been registered and the petitioner has been falsely implicated. The first respondent, the Director General of Police, on that application directed the third respondent, the Assistant Commissioner of Police to enquire into the matter. He conducted an enquiry and came to the conclusion and reported W.P.C.No.35429/07 2 to the first respondent his conclusions. On the basis of such report, the first respondent has now decided that further investigation should not be conducted by the fourth respondent; but instead, the same must be conducted by another Circle Inspector of Police namely the Circle Inspector of Police, Pettah. Such officer is now conducting the investigation. Investigation is not complete. Final report has not been filed. 2. The petitioner has come to this court, while the enquiry by the third respondent was pending, with the grievance that attempt has now been made not to give due regard to the enquiry conducted by the third respondent and an attempt was being made to still continue the prosecution against the petitioner. Respondents were directed to file a statement. Statement has been filed. It is now reported that the Circle Inspector of Police, Pettah is continuing the investigation as directed by the first respondent. The petitioner's grievance that the fourth respondent is not conducting a proper investigation was considered by the first respondent and directions have been issued to the Circle Inspector of Police, Pettah to conduct the investigation now. That decision was taken by the first W.P.C.No.35429/07 3 respondent obviously on the report which he had secured after enquiry by the third respondent. 3. Investigation by the C.I, Pettah, the present investigating officer, is going on, I am of the opinion that no further directions can or need be issued by this court at this stage. The present investigating officer, I need only observe, must complete the investigation as expeditiously as possible and file an appropriate final report after such investigation. 4. This writ petition is dismissed with the above observations. (R.BASANT, JUDGE) jsr // True Copy// PA to Judge W.P.C.No.35429/07 4 W.P.C.No.35429/07 5 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007