IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 21ST FEBRUARY 2011 / 2ND PHALGUNA 1932 WP(C).NO. 38301 OF 2010(K) ----------------------------------------- PETITIONER(S): ---------------------- RAJU.M.K., S/O. KUMARAN, AGED 38 YEARS, MUNDUCHIRACKAL HOUSE, NEAR 3 CENT COLONY, NILAMPATHINJAMUGAL, KAKKANAD, ERNAKULAM. BY ADV. SMT.P.A.ANITHA SMT.S.MEERA SMT.M.G.AISHWARYA RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF HOME AFFAIRS, SECRETARIAT, THIRUVANANTHAPURAM-695001. 2. JIJEESH, S/O. RAVI, NANIYATTIL HOUSE, NILAMPATHINJAMUGAL, KAKKANAD.P.O.-682030. 3. NOORUDHEEN, S/O. SHAMSU, KAIPPALLIL HOUSE, KAKKANAD.P.O., PIN-682030. 4. ABINDAS (WRONGLY MENTIONED AS VIPINDAS IN THEIFIR),S/O. VASU, NILAMPATHINJAMUGAL, KAKKANAD.P.O., PIN-682030. 5. THE INSPECTOR GENERAL OF POLICE, CENTRAL ZONE, ERNAKULAM-682011. 6. THE SUB INSPECTOR OF POLICE, THRIKKAKARA POLICE STATION, KAKKANAD.P.O., ERNAKULAM-682030. BY PUBLIC PROSECUTOR K.J. MOHAMMED ANZAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/02/2011 ALONG WITH W.P(C) NO.38302 OF 2010 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== W.P(C) Nos.38301 & 38302 of 2010 ==================================== Dated this the 21st day of February, 2011 J U D G M E N T Petitioners are the de facto complainants in Crime 2281 and 2280 of 2010, respectively of Thrikkakara police station and seek direction for proper investigation of the cases with reference to the grievance of petitioners and the case stated in Ext.P2, complaint preferred by the sister-in-law of petitioners to the 5th respondent. Learned counsel for petitioners submitted that investigation is not proceeding in the proper line and in spite of accused 2 and 3 being much available they are not being taken into custody. It is also the grievance of petitioners that all the persons named as culprits in Exts.P2, complaint are not being proceeded against. Learned Public Prosecutor submitted that Accused 1 to 3 in the cases moved petitions for anticipatory bail before the learned Sessions Judge and those petitions were dismissed. Thereafter accused 1 and 2 are absconding and could not be traced while the third accused obtained bail from this Court in B.A. No.8340 of 2010. 2. Case is that on 20.11.2010 at about 9.30 p.m. respondent Nos.2 to 4 and others trespassed into the house of petitioners and assaulted them and others in that house. W.P(C) Nos.38301 & 38302 of 2010 -: 2 :- Petitioners and their sister-in-law gave statements to the police but it was not recorded in the way stated by them. According to the petitioners the FIR does not mention the name of all the accused. 3. In Crime No.2281 of 2010 case is registered against three accused for offences punishable under Sections 452, 354, 427, 323 and 326 read with Section 34 of the Indian Penal Code. Allegation is that though names of persons involved in the incident is stated by the petitioners and sister-in-law they are not recorded by the police and in spite of their involvement stated in Ext.P2, complaint no investigation has been conducted. In Crime No.2280 of 2010 offences attributed to the accused are under Secs.448, 323, 324 and 308 read with Sec.34 of the IPC. It would appear that the police registered Crime No.111 of 2011 against one Noorudheen (who figures as accused in Crime Nos.2281 and 2280 of 2006). It is revealed from the statement of the learned Public Prosecutor that case is under investigation. Grievance of petitioners is that there is no proper investigation of the case. 4. Petitioners could have approached the Magistrate concerned under Section 156(3) of the Code of Criminal Procedure W.P(C) Nos.38301 & 38302 of 2010 -: 3 :- for appropriate direction in the matter. However petitioners having approached this Court I do not intend to relegate them to the Magistrate so far as the grievance of petitioners in these petitions is concerned. Learned Public Prosecutor assured that investigation of the case will be conducted in the proper line. The Investigation Officer shall look into the complaint of petitioners and the allegations made in Ext.P2, complaint. I am sure that he will take all steps to trace such of the accused who are at large, looking into the complaint of petitioners and investigate in that line also. Whether any of the accused is at large is required to be arrested in connection with the investigation is a matter which the Investigating Officer has to decide. I make it clear that if any further direction is required petitioners can approach the Magistrate concerned as provided under law. Petitioners shall hand over a copy of this judgment to the Officer investigating the cases. Writ Petitions are disposed of with the above directions and observations. THOMAS P. JOSEPH, JUDGE. vsv