IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN THURSDAY, THE 22ND DECEMBER 2011 / 1ST POUSHA 1933 WP(C).No. 33601 of 2011(A) ------------------------------------- PETITIONER: ----------------- T.WILFRED, AGED 4 YEARS, S/O THANKAYYAN, THADATHARIKATHU VEEDU,KAKKAMUGAL, KATTAKADA P.O NEYYATINKARA. BY ADV. SRI.R.GOPAN RESPONDENTS: ---------------------- 1. STATE OF KERALA, REPRESENTED BY THE HOME SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM- 695 001. 2. THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM-695 001. 3. THE INSPECTOR GENERAL OF POLICE(SOUTH ZONE), THIRUVANANTHAPURAM- 695 001. 4. THE SUPERINTENDENT OF POLICE (RURAL) THIRUVANANTHAPURAM- 695 001. 5. THE SUB INSPECTOR OF POLICE (PRINCIAPL) KATTAKADA POLICE STATION, THIRUVANANTHAPURAM DISTRICT- 695 001. 6. KESAVAN NAIR,K, SUB INSPECTOR OF POLICE, KATTAKADA POLICE STATION, THIRUVANANTHAPURAM DISTRICT- 695 001. 7. RAJENDRA KUMAR, S/O THANKAPPAN PILLAI, SREENILAYAM VEEDU, KALLIKKADU VILLAGE,NOW WORING AS ASI (GRADE), DCRB, THIRUVANANTHAPURAM(RURAL)- 695 001. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JM WPC NO. 33601 OF 2011 APPENDIX PETITIONER'S EXHIBITS EXT.P1 PHOCOPY OF THE IR NO. 853/11 OF KATTAKADA POLICE STATION DTD. 20.08.2011 EXT.P2 PHOTOCOPY OF THE COMPLAINT DTD. 05.10.2011 FILED BY THE PETITIONER BEFORE THE RESPONDENTS 1 TO 4. EXT.P2(A) PHOTOCOPY OF THE POSTAL RECEIPTS. EXT.P3 PHOTOCOPY OF REMINDER DTD. 14.11.2011 SENT BY SENT BY THE PETITIONER TO RESPONDENTS 1 TO 4. EXT.P3(A) PHOTOCOPY OF THE POSTAL RECEIPTS. EXT.P4 PHOTOCOPY OF THE LETTER DTD.22.11.2011 ISSUED BY THE UNDER SECRETARY,GOVERNMENT OF KERALA. EXT.P5 PHOTOCOPY OF THE COMPLAINT DTD. 01.12.2011 FILED BY THE PETITIONER BEFORE THE DISTRICT POLICE COMPLAINT AUTHORITY. EXT.P5(A) PHOTOCOPY OF THE POSTAL RECEIPT. RESPONDENTS' EXHIBITS : NIL \\TRUE COPY\\ PA TO JUDGE JM N.K.BALAKRISHNAN, J. -------------------------------- W.P.(C).No.33601 of 2011 ------------------------------------ Dated this the 22nd day of December 2011 J U D G M E N T A crime was registered by the Kattakada Police as Crime No.853/2011 against the driver of a KSRTC bus (petitioner herein) alleging that the KSRTC bus driven by the petitioner hit a motor cycle ridden by the complainant (ASI) on the rear side, as a result of which the complainant was thrown to the road and he sustained injuries. 2. Learned counsel for the petitioner submits that there was no such incident at all. It is also submitted that at that particular time, the bus had not even reached the spot of alleged accident. The time of accident is stated to be 9.30 AM. Learned counsel has projected the improbability of the case stated by the complainant. The learned counsel submits that if actually there was an accident, on examination of the vehicles (forensic or otherwise), of the KSRTC bus as well as the motor cycle, it would reveal whether an accident did take place as alleged by the complainant. That was not done so far, the learned counsel W.P.(C).No.33601 of 2011 -: 2 :- submits. In such circumstances, the learned counsel submits that the investigation should be conducted by a superior officer and not by the S.I. of Police, Kattakada. As the complainant is the ASI of that police station the petitioner can legitimately apprehend that the investigation will not be conducted properly by the S.I. of the same station. Hence, I find that investigation has to be done by another superior officer. The investigation shall be conducted by the Circle Inspector of Police, CBCID which shall be supervised by Dy.S.P., CBCID. In the result, this writ petition is disposed of as stated above. R4 will direct the 5th respondent to hand over the case file to the Circle Inspector of Police, CBCID, Thiruvananthapuram as directed above. N.K.BALAKRISHNAN, J UDGE. Jvt