IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 11TH JUNE 2010 / 21ST JYAISTHA 1932 WP(C).No. 15423 of 2010(Q) ---------------------------------- PETITIONER(S): ------------------- 1. P.NARAYANAN, AGED 58 (EX. MLA) LAKSHMINARAYANIYIL HOUSE NADUVILA VILLAGE,VAIKKOM. 2. ANILKUMAR AGED 34 S/O.P.NARAYANAN, LAKSHMINARAYANIYIL HOUSE NADUVILA VILLAGE, VAIKKOM NOW RESIDING AT THEVARA MATTUMMEL SUDHARMA ROAD, MOOLAMANNIL WEST HIGHER FLAT W3 APARTMENT. BY ADV. SRI.C.P.UDAYABHANU RESPONDENT(S): ----------------------- 1. STATE OF KERALA, REPRESENTED BY THE D.G.OF POLICE, POLICE HEADQUARTERS, THIRUVANANTHAPURAM. 2. ASST.COMMISSIONER OF POLICE THRIKKAKKARA. 3. C.I.OF POLICE HILL PALACE, TRIPUNITHURA. 4. S.I.OF POLICE , E.T. SOUTH POLICE STATION, ERNAKULAM. GOVERNMENT PLEADER MR. C.S. HRITWIK THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.RAMKUMAR, J. ------------------------------------- W.P.(C).No.15423 of 2010 -------------------------------------- Dated this the 11th day of June, 2010 JUDGMENT In this writ petition filed under Article 226 of the Constitution of India the petitioners seek a direction to entrust the investigation of Crime No.432/2010 of Ernakulam Town South Police Station with a senior and competent officer. 2. The first petitioner is the father of the second petitioner. The second petitioner is the first accused in Crime No.432/2010 of Ernakulam Town South Police Station registered for offences punishable under Sections 3,4 and 5 of the Immoral Traffic Prevention Act, 1956. According to the petitioners the second petitioner has been falsely implicated in the case at the instance of respondents 3 and 4 (S.I. of Police and C.I of Police) who are enimical to the petitioners and it is necessary that an impartial investigation at a level higher than Station House Officer should be conducted. 3. The learned Government Pleader on instructions submitted that the charge sheet has already been filed before the Additional Chief Judicial Magistrate (Economic offences) Ernakulam on 30/4/2010. If so, the petitioners will have to W.P.(C)No.15423/2010 : 2 : approach the learned Magistrate for further directions, in case investigation conducted by the local police has been faulty, biased and unsatisfactory. The decision of the Apex Court in Sakiri Vasu Vs. State of Punjab (2008(1) KLT 724 (SC) has held that it is the Magistrate who is to be approached for appropriate directions in the matter and for further investigation. Without prejudice to the right of the petitioners to move the Magistrate for appropriate orders this writ petition is dismissed. V.RAMKUMAR, JUDGE skj