IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH MONDAY, THE 29TH SEPTEMBER 2008 / 7TH ASWINA 1930 WP(C).No. 22947 of 2004(F) -------------------------------------- PETITIONER: ------------------- ANIL KUMAR, S/O.SAMUEL, THOTTARIKATHU VEEDU, ASSARIVILA, SAVAJI LANE, EDAKKODE DESOM, PALLICHAL VILLAGE (NR.MUKKALAKKAL PARAMBIL KALUNK, T.C.42/354, SREE VARSHAM WARD, MUKKATHARA VILLAGE. BY ADV. SRI.SASTHAMANGALAM S. AJITHKUMAR SRI.KRISHNADAS P. NAIR SMT.K.L.SREEKALA SRI.HARIDAS P.NAIR RESPONDENTS: ----------------------- 1. STATE OF KERALA, REP. BY THE HOME SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, TRIVANDRUM. 3. CIRCLE INSPECTOR OF POLICE, KATTAKKADA. *ADDL.R4. SUPERINTENDENT OF POLICE, RURAL, TRIVANDRUM, WITH FILE NO. D1/19312/04. *ADDL.R5. SUPERINTENDENT OF POLICE, VANITHA CELL, TRIVANDRUM, WITH FILE NO. K6/4500/04. *ADDL.4TH AND 5TH RESPONDENTS IMPLEADED AS PER ORDER DATED 27/01/05 IN I.A. 1105/04. BY GOVERNMENT PLEADER SRI. NOBLE MATHEW. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/09/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.22947/2004-F: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE REMAND APPLICATION DTD. 01/04/04. EXT.P.2: COPY OF THE PETITION SUBMITTED BY THE MOTHER OF THE PETITIONER BEFORE THE SUPERINTENDENT OF POLICE, VANITHA CELL, THIRUVANANTHAPURAM DTD. 25/05/08. EXT.P.3: COPY OF THE PETITION FILED BY THE FATHER OF THE PETITIONER BEFORE THE R.2. DTD. 22/05/04. EXT.P.4: COPY OF THE BAIL APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE COURT OF SESSIONS, TRIVANDRUM DTD. 16/06/04. EXT.P.5: COPY OF THE ORDER OF THE COURT OF SESSIONS, TRIVANDRUM DTD. 26/06/04. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. prv. KURIAN JOSEPH, J. --------------------------------------- W.P.(C) No.22947 OF 2004 --------------------------------------- Dated this the 29th day of September, 2008. J U D G M E N T This writ petition is filed mainly with the following prayers: i) To pass a writ of mandamus directing the 2nd respondent to transfer the investigation of crime 128/04 of Malayinkeezhu Police Station pending on the file of JFCM, Kattakkada to the Crime branch wing of the state police for investigation according to law. ii) To pass a writ of mandamus or such other writ, order or direction to the 2nd respondent to consider Ext.P3 representation in the light of the preliminary enquiries made under No.K-6/45004/04 of the Superintendent of Police Vanitha Cell, Trivandrum and No.732/P/AIG (PG)/ 04 of the public grievances cell Police Head Quarters, Trivandrum and to transfer investigation of Cr.128/04 of Malayinkeezhu Police Station to the Crime branch if found necessary. In view of the decision of the Supreme Court in Sakiri Vasu vs. State of U.P. and Others (2008(2) KHC 13), it is for the petitioner to approach the Magistrate of competent jurisdiction, in which case, the investigation can be continued under the supervision of the said court. This writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. smp KURIAN JOSEPH, J. W.P.(C) No. 22947 OF 2004 J U D G M E N T 29.09.2008