IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 14TH JULY 2009 / 23RD ASHADHA 1931 WP(C).No. 15775 of 2009(Q) -------------------------------------- PETITIONER(S): ---------------------- SREEKUMAR, AGED 49, S/O. SREEDHARAN, SREPADAM HOUSE, ERUMELY P.O., ERUMELY SOUTH VILLAGE, KANJIRAPPALLY, PIN-686 509. BY ADV. MR.C.K.VIDYASAGAR MR.P.CHANDY JOSEPH RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF HOME AFFAIRS, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR GENERAL OF POLICE, KERALA, POLICE HEAD QUARTERS, TRIVANDRUM. 3. SUB INSPECTOR OF POLICE, VECHOOCHIRA POLICE STATION. 4. DEPUTY SUPERINTENDENT OF POLICE, CRIME DEPARTMENT, PATHANAMTHITTA. 5. ADDITIONAL DIRECTOR GENERAL OF POLICE, CRIMES, THIRUVANANTHAPURAM. 6. SUPERINTENDENT OF POLICE, C.B.C.I.D., KOTTAYAM. 7. M.MOHANACHANDRAN NAIR, TOP N NIVAS, KARINKALLUMMOOZHY, ERUMELY, KANJIRAPPALLY TALUK. R1 TO R6 BY PUBLIC PROSECUTOR MR.AMJAD ALI. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. =========================== W.P.(C).No. 15775 OF 2009 =========================== Dated this the 14th day of July,2009 JUDGMENT First accused in Crime 48/2008 of Vechoochira Police Station who is the de facto complainant in the countercase Crime 49/2008 filed this petition under Article 226 of Constitution of India to quash Ext.P12 order passed by the Director General of Police, Thiruvananthapuram entrusting the investigation of Crime 48/2008 with CBCID and to issue a writ of mandamus directing the first respondent to reconsider the entire matter and for a further direction to investigate both Crime 48/2008 and 49/2008 by the same Investigating Agency. 2. Learned counsel appearing for the petitioner and the learned Government pleader were heard. 3. The argument of the learned counsel appearing for the petitioner is that at the instance of the accused in Crime 49/2008, under Ext.P11 judgment this court directed the Home Secretary to pass appropriate order on the representation filed by the said petitioner for transfer of the investigation and W.P.(C)15775/2009 2 Ext.P12 order was passed without considering the existence of Crime 49/2008, much less the question whether the Investigating Officer was investigating the case properly and in such circumstance Ext.P12 order is to be quashed. Learned counsel submitted that Dy. Superintendent of Police who was investigating crime 49/2008 was proceeding in the correct direction and there was no necessity to transfer the case to another agency and in such circumstance Ext.P12 order is to be quashed. 4. Learned Government pleader submitted that subsequent to Ext.P12 order the investigation of Crime 49/2008 of Vechoochira Police Station is also entrusted with the same Dy.SP who was entrusted with the investigation pursuant to Ext.P12 order. 5. In the light of the submission, I find it not necessary to interfere with Ext.P12 order Dy.Superintendent of Police who is investigating Crime 48/2008 and 49/2008 is directed to conduct the investigation properly, in an unbiased manner and submit the report to the concerned court. Writ Petition is disposed of. M.SASIDHARAN NAMBIAR JUDGE tpl/- W.P.(C)15775/2009 3 M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006