IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 24TH JANUARY 2008 / 4TH MAGHA 1929 WP(C).No. 20097 of 2006(P) SC.21/2006 of DISTRICT COURT, ALAPPUZHA CRIME NO. 255/2004 of MARARIKULAM POLICE STATION .................... PETITIONER: R.M.MURALEEDHARAN,AGED 35 YEARS, S/O.RAMA KRISHNAN UNNI, MURALYBHAVANAM, CHARAMANGALAM,MAITHARA MARKET P.O. ALAPPUZHA. BY ADV. SRI.MANJERI SUNDERRAJ SRI.B.PREMNATH (E) SRI.R.M.MURALEEDHARAN(PARTY) RESPONDENTS: 1. STATE OF KERALA REP.BY THE SECRETARY, HOME DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT, TRIVANDRUM. 2. THE SUPERINTENDENT OF POLICE, ALAPPUZHA. 3. THE SUB INSPECTOR OF POLICE, MOHAMMA POLICE STATION, ALLEPPEY. 4. THE SUB INSPECTOR OF POLICE, MARARIKULAM POLICE STATION, ALLEPPEY. 5. THE DISTRICT COLLECTOR/MAGISTRATE, ALLEPPEY DISTRICT, COLLECTORATE, CIVIL STATION, ALAPPUZHA. 6. SAJI @ SAJI KUMAR @ SAJI MON, S/O.KRISHNAN NAIR, THEKKEVALIYEDATH HOUSE, (THEKKETHALAKKAL),CHARAMANGALAM, MAITHARA MARKET P.O., ALAPPUZHA. BY ADV. SRI. P.G. THAMBY, DGP THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/01/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.20097/2006 : 2 : APPENDIX PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF FINAL (REFER) REPORT DATED 23.02.2003 IN MUHAMMA POLICE STATION CRIME NO. 44/2003 FALSELY FOISTED BY R7. EXT.P2: TRUE COPY OF FIR NO. 313 OF 2003 DATED 25.10.2003 OF MARARIKULAM POLICE STATION REGD. ON FALSE COMPLAINT BY R7 IN REGARD TO SAME INCIDENT MENTIONED IN EXHIBIT P1. EXT.P3: TRUE COPY OF WOUND CERTIFICATE DATED 09.02.2004 OF PETITIONER FOR INJURY CAUSED BY R7'S ATTACK ON HIM (ISSUED BY THALUK HQ HOSPITAL, CHERTHALA) EXT.P4: TRUE COPY -DO- DT. 05.03.2004 -DO- EXT.P5: TRUE COPY OF COMPLAINT BY PETITIONER TO S.P., ALAPUZHA (R2) EXT.P6: TRUE COPY OF R2'S LETTER REFERING P5 TO DY. S.P(NC), CHERTHALA. EXT.P7: TRUE COPY OF CRIME FIR NO. 255/04 DT. 28.09.2004 BY MARARIKULAM POLICE STATION REGD. BASED ON FALSE COMPLAINT BY R7 AGAINST PETITIONER U/S 308 IPC. EXT.P8: TRUE COPY OF W.P.(C) 22562/04 DT. 27.07.2004 FILED BY THE PETITIONER. EXT.P9: TRUE COPY OF STATEMENT OF DY.S.P., CHERTHALA FILED IN W.P.(C) 22562/04. EXT.P10: TRUE COPY OF JUDGMENT DT. 02.08.2005 IN W.P.(C) 22562/04 BY HONOURABLE HIGH COURT OF KERALA. EXT.P11: TRUE OCPY OF COMPLAINT DT. 24.08.2005 BY PETITIONER TO R6 WITH HIS ENDORSEMENT THEREIN (NO.554/A/AIG/PG/IVS) EXT.P12: TRUE COPY OF PETITIONER'S LAWYER NOTICE DT. 14.01.2006 TO R2,4, DY.S.P., CHERTHALA & DGP (KERALA) EXT.P13: TRUE COPY OF REPORT DT. 21.01.2006 BY R4 TO PETITIONER'S COUNSEL. EXT.P14: TRUE COPY OF PETITIONER'S REPRESENTATION TO CHIEF MINISTER OF KERALA. EXT.P15: TRUE COPY OF PETITIONER'S REPRESENTATION TO D.G.P (KERALA) V. RAMKUMAR , J. ========================== W.P.(C). No. 20097 of 2006 ========================== Dated this the 24th day of January, 2008. JUDGMENT In this writ petition filed under Article 226 of the Constitution of India, the petitioner who is the sole accused in crime No. 255 of 2004 (Ext.P7 FIR) for an offence punishable under Section 308 IPC the trial of which is overdue and now pending as S.C. No. 21/2006 on the file of the Sessions Court, Alappuzha, seeks a direction to the Superintendent of Police, Alappuzha and the other police officers and the District Collector to constitute a special investigation team headed by an officer of IPS rank and to conduct a further investigation into the above crime. 2. According to the petitioner, he is being vexed and harassed by the police at the instance of the 6th respondent, the de facto complainant who is his neighbour. The petitioner would contend that the 6th respondent managed to influence the Mararikulam Police to register the above crime and this is part of series of transactions in which the petitioner was attacked first on 09.02.2004 and on 05.03.2004 and this false case has been W.P.(C) No. 20097 of 2006 : 2 : foisted against the petitioner by the Mararikulam Police in collusion with the 6th respondent. 3. This is a case in which the trial ought to have started and completed long ago. I am not inclined to order any further investigation either by any particular Investigating agency or by a special Investigation team. The petitioner can raise all the defences available to him during the trial of the case namely S.C. No. 21/2006 pending before the Sessions Court, Alappuzha. The materials produced by the petitioner are not sufficient enough to prove that the investigation was conducted in collusion with the 6th respondent. No doubt, it shall be open to the petitioner to elicit circumstances, if any, which might persuade the trial court to characterise the investigation as slipshod, faulty and one- sided. This writ petition is accordingly dismissed with a direction to the Sessions Court, Alappuzha to take up S.C. No. 21/2006 for trial expeditiously and dispose of the same untrammeled by the observations made here. V. RAMKUMAR, JUDGE. rv W.P.(C) No. 20097 of 2006 : 3 :