IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 11TH APRIL 2011 / 21ST CHAITHRA 1933 WP(C).No. 17710 of 2010(Q) -------------------------- CRIME NO.358/2010 OF CHATHANNOOR POLICESTATION PETITIONER(S): --------------- T.JAMES, CHIEF OFFICER, AZEEZIA MEDICAL COLLEGE MEEYANNOR. BY ADV. SRI.K.A.SALIL NARAYANAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, HOME DEPARTMENT, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM. 2. THE SUPERINTENDENT OF POLICE, KOLLAM. 3. THE STATION HOUSE OFFICER, CHATHANNOOR POLICE STATION, KOLLAM DISTRICT. BY PUBLIC PROSECUTOR SMT.M.K.PUSHPALATHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- W.P.(C) No.17710 of 2010 -------------------------------------- Dated this the 11th day of April, 2011. JUDGMENT Petitioner is aggrieved by the lack of investigation of Crime No.358 of 2010 of Chathannur Police Station for offences punishable under Sections 143, 147, 148, 452, 506(ii), 427 and 324 read with Section 149 of the Indian Penal Code. Grievance of petitioner is that apart from registering a case nothing is done in the matter of investigation. Hence it is prayed that respondent No.1 may be directed to handover investigation of the case to any other agency, preferably the CBCID. 2. The Officer investigating the case was directed to file a statement. Learned Public Prosecutor submitted that in connection with election duty the Officer is engaged and hence he could not file the statement. However learned Public Prosecutor after getting instruction has submitted about the present stage of the case. 3. Case of petitioner is that on 31.03.2010 evening, a mob who formed into an unlawful assembly, committed rioting armed with deadly weapons, went to the premises of petitioner and voluntarily caused hurt to him and others. Learned Public Prosecutor submitted that on the information given by petitioner Ext.P1, FIR was registered on 31.03.2010 itself and immediately thereafter the Investigating Officer visited the scene of occurrence and prepared a mahazar for the same. Two motor bikes found at the place of occurrence and WP(C) No.17710/2010 2 allegedly used by culprits were taken to custody as per a seizure mahazar. It is submitted that witnesses were questioned. Some of the assailants were arrested and they were identified by the witnesses. Those arrested were remanded to judicial custody. It is submitted by the learned Public Prosecutor that the Sub Inspector, Chathannur is investigating the case but it has not been completed. Learned Public Prosecutor submitted that since the Police Officers are now on election duty it may require some time for completing the investigation. 4. It is seen from the submission of learned Public Prosecutor that some preliminary steps have already been taken in the investigation of the case. The Investigating Officer should bear in mind that the alleged incident occurred on 31.03.2010 and that delay in investigation would ultimately benefit the culprits. From the submission of learned Public Prosecutor it is revealed that a new officer has assumed charge as Sub Inspector, Chathannur. He shall continue the investigation and submit final report as early as possible. At this stage I do not think it necessary to handover investigation of the case to any other agency. With the direction made above, this Writ Petition is closed. THOMAS P.JOSEPH, Judge. cks