IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN TUESDAY, THE 6TH MAY 2008 / 16TH VAISAKHA 1930 Crl.MC.No. 1638 of 2008 ---------------------------------------- (CRIME NO.32/2007 OF MALAPPURAM POLICE STATION) .................... PETITIONER: ----------------- NOORUDHEEN THOTTITHODY AGED 40 YEARS, S/O.HAMZA, THOTTITHODY HOUSE MAKKARAPARAMBA PO, MALAPPURAM BY ADV. SRI.ESM.KABEER RESPONDENTS: ----------------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA ERNAKULAM. 2. DEPUTY SUPERINTENDENT OF POLICE MALAPPURAM BY PUBLIC PROSECUTOR SRI.AMJAD ALI. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.P.BALACHANDRAN, J. ------------------------------------ Crl.M.C.No.1638 of 2008 ------------------------------------------------------- Dated, this the 6th day of May, 2008 ORDER The petitioner in this case is the de-facto complainant in Crime No.32/2007 of Malappuram Police Station. The present complaint is that despite lapse of 1 ½ years, no investigation at all is conducted into the crime; that as per the order in Crl.M.C.No.604/2008 (Annexure A-5 order), this court directed that the investigation be entrusted to the Deputy Superintendent of Police, Malappuram hoping that the investigation by him will unearth the circumstances attending the occurrence and will result in the apprehension of the culprits and directed the C.I. of Police, Malappuram to hand over the investigation to the Deputy Superintendent of Police, Malappuram with the direction that the Dy.SP shall conduct a fair and impartial investigation and file final report before the court below expeditiously, but that, though the Dy.SP was approached on several occasions by the de-facto complainant/petitioner, he has not cared to take any steps in the matter and the culprits are at large and the Dy.SP has not taken care even to question the culprits though they were identified to him by the petitioner. 2. The prayer in this Criminal Miscellaneous Case is to entrust the investigation in Crime No.32/2007 to a special team CRlM.C.1638/2008 -2- constituted under the Superintendent of Police, Malappuram and for a direction being issued to the second respondent Dy.SP to effect arrest of the accused based on the information furnished by the petitioner and to submit the case diary before this court. I am of the view that none of the directions need be issued, but that the purpose would be achieved by appropriate directions being given to the Magistrate to supervise the investigation by the Dy.SP, Malappuram. In the result, I dispose of this Criminal Miscellaneous Case directing the Judicial First Class Magistrate, Malappuram before whom Crime No.32/2007 is reported, to supervise the investigation in the said crime, get down the case diary, examine it and give appropriate directions to the Deputy Superintendent of Police, Malappuram and to see that appropriate progress is made in the investigation by the Dy.SP, Malappuram without any laches or foul play. Disobedience of any directions given by the Magistrate if any shall be reported to this court so as to enable this court to take appropriate action against the concerned Dy.SP. (K.P.BALACHANDRAN) JUDGE. MS