IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN THURSDAY, THE 29TH SEPTEMBER 2011 / 7TH ASWINA 1933 Crl.MC.No. 3136 of 2011 -------------------------------- CRIME 179/2011OF CHENGANNUR POLICE STATION ......... PETITIONER/ACCUSED: DAVID, AGED 38 YEARS, S/O.SABARIMUTHU, VAZHAYIL PUTHENVEEDU,NANNADU, THIRUVANVANDOOR VILLAGE,CHENGANNUR. BY ADV. SRI.P.HARIDAS SMT.S.SIKKY RESPONDENTS/STATE & COMPLAINANT: 1. STATE OF KERALA,REP. BY SECRETARY, DEPARTMENT OF HOME,THIRUVANANTHAPURAM, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. 2. SUPERINTENDENT OF POLICE, ALAPPUZHA-1. 3. SUPERINTENDENT OF POLICE,CRIME BRANCH, PATHANAMTHITTA-689 645. 4. DEPUTY SUPERINTENDENT OF POLICE, CRIME BRANCH, ALAPPUZHA-1. 5. SUB INSPECTOR OF POLICE, CHENGANNUR, ALAPPUZHA-689 121. BY PUBLIC PROSECUTOR SRI.B.JAYASURYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: APPENDIX IN CRMC 3136/2011 ANNEXURE-1 TRUE COPY OF THE FIR IN CRIME 179/2011 DT. 21.2.2011 OF CHENGANNUR POLICE STATION ANNEXURE-1(a) TRUE COPY OF THE ENGLISH TRANSLATION OF FIR IN CRIME 179/2011 DT. 21.2.2011 ANNEXURE-2 TRUE COPY OF THE REPRESENTATIONDT. 2.9.2011 BEFORE THE FIRST RESPONDENT TO THE PETITIONER /TRUE COPY/ N.K.Balakrishnan, J. ------------------------------------------- Crl.M.C.No.3136 of 2011 ------------------------------------------- Dated this the 29th day of September, 2011 ORDER Petitioner has approached this Court complaining of snail pace investigation/improper investigation in Crime No.179/2011 of Chengannur Police Station. It is alleged that JCB bearing Reg. No.KL-16/D 4736, which belongs to the petitioner, was stolen from the premises of Fuel Stationat Kallissery in between 10 p.m. on 17.2.2011 and 4 a.m. on 28.2.2011. 2. Learned counsel for the petitioner submits that till this date, the Investigating Agency could not find out the JCB though the Investigating Officer claims to have questioned so many persons. Learned Public Prosecutor submits that the report obtained from the Investigating Officer is to the effect that earnest efforts were made by him in the matter. But, learned counsel for the petitioner would submit that just like a car or any other vehicle, it is not easy to take JCB to such a distance so as to conceal or take away from the reach of the police. According to the learned counsel the State boarder is more than hundred kilometres away from the place of incident. Petitioner also would CRMC 3136/2011 2 put forward so many reasons for the inaction or improper investigation. In the result, this petition is disposed of with the following direction: Third respondent is directed to depute a Deputy Superintendent of Police working under him to investigate the case and to expedite the matter. (N.K.Balakrishnan, Judge) tkv