IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 15TH JANUARY 2008 / 25TH POUSHA 1929 WP(C).No. 1713 of 2008(D) ------------------------- ST.5363/2003 of J.M.F.C.,CHAVAKKAD .................... PETITIONER: ------------ JAMALUDEEN, S/O.KARUPPAM VEETTIL ABOOBACKER, AGED 45 YEARS, CHAWALLOOR DESAM, P.O.KANDANASSERY, THRISSUR DISTRICT-680 102. BY ADV. SRI.K.RAMACHANDRAN SRI.P.RAMACHANDRAN RESPONDENTS: ------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SUPERINTENDENT OF POLICE, THRISSUR. 3. THE SUB INSPECTOR OF POLICE, GURUVAYOOR POLICE STATION, GURUVAYOOR, THRISSUR DISTRICT-680 101. BY ADV. SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR , J. ========================== W.P.(C). No. 1713 of 2008 ========================== Dated this the 15th day of January, 2008. JUDGMENT The petitioner, who is the 4th accused in crime No. 250/2003 of Guruvayoor Police Station registered for offences punishable under Sections 7 and 8 of the Kerala Gaming Act, seeks a direction for re-investigation of the case by an officer not below the rank of Dy.S.P or in the alternative to quash Ext.P4 order passed by Judicial First Class Magistrate, Chavakkad and to allow C.M.P. No. 11333 of 2007 filed by the petitioner before that court. 2. According to the petitioner, the above crime was registered by the Circle Inspector of Police, Guruvayoor on account of his personal grudge against the petitioner and his brother presumably for the reason that the Circle Inspector was suspecting the petitioner for having helped the Vigilance Department in conducting an enquiry against him. 3. The petitioner had moved the Lok Ayuktha alleging that he was being persecuted by the Circle Inspector of Police. The W.P.(C) NO. 1713/2008 : 2: Lok Ayuktha conducted a discreet enquiry through the Dy.S.P attached to the Lok Ayuktha. In that enquiry it was found that the allegations levelled by the petitioner against the Circle Inspector of Police was true. The Lok Ayuktha as per Ext.P1 order recommended re-investigation of the case by a competent officer not below the rank of Dy.S.P. Armed with that order, the petitioner herein and the other co-accused in the case filed Crl. M.C. No. 1964/2004 before this Court. The said M.C. Was dismissed by this Court as per Ext.P2 order dated 11.10.2007 observing that since the 4th accused, who is the petitioner herein, had obtained an order from the Lok Ayuktha, it was up to him to produce the said order before the Magistrate and to seek a re- investigation in the matter. Thereafter, the petitioner filed Ext.P3 application registered as C.M.P.No. 11333 of 2007 specifically praying for a re-investigation of the case. As per Ext.P4 order dated 10.01.2008, the learned Magistrate dismissed the petition observing that the petitioner has not made out a case either for re-investigation or for a further investigation after a lapse of almost 3 ½ years. W.P.(C) NO. 1713/2008 : 3: 4. The passage of time was evidently due to the pendency of the case before the Lok Ayuktha and before this Court for which the petitioner cannot be blamed. In the discreet enqiry conducted by the Lok Ayuktha, prima facie, it was found that the allegations levelled by the petitioner against the Circle Inspector of Police were true. If so, the accused were falsely implicated by the police by registering the present crime against them. This constitutes sufficient ground to order further investigation under Section 173(8) Cr.P.C. Accordingly, this writ petition is disposed of directing the 2nd respondent to have a further investigation conducted under Section 173(8) Cr.P.C in Crime No. 250/2003 of Guruvayoor Police Station by an officer not below the rank of Dy. S.P. The formal communication shall be given to the JFCM, Chavakkad regarding the further investigation so that that the court will not proceed further with the case registered as S.T. No. 5363/2003 and will await the filing of a supplementary final report. V. RAMKUMAR, JUDGE. rv W.P.(C) NO. 1713/2008 : 4: