IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN THURSDAY, THE 13TH OCTOBER 2011 / 21ST ASWINA 1933 WA.No. 1507 of 2011() --------------------- AGAINST THE JUDGEMENT IN WPC.17703/2011 Dated 03/08/2011 .................... APPELLANTS/PETITIONERS: -------------- 1. REV. B DAVADANAM, AGED 55 C.S.I. CHURCH HOUSE, CHEMBOOR, OTTASEKHARARMANGALAM P.O, THIRUVANANTHAPURAM 695 125. 2. SATHEESH KUMAR, S/O. KUNJAPPI KARAMAM VEEDU, CHETHAN KALA OTTASEKHARAMANGALAM P.O, PIN 695 125. 3. LAJU MONI, S/O. P.C.MONI ROSE COTTAGE, CHEMBOOR OTTASEKHARAMANGALAM PO, PIN 695 125. 4. JAPAL SINGH, AGED 44, S/O.NAGAMANI HILL VALI, THAVARUKONAM, MANCHAMCODE PO, PIN 695 125. BY ADV. SRI.R.GOPAN RESPONDENTS/RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY THE HOME SECRETARY SECRETARIAT, STATUE, THIRUVANANTHAPURAM 695 001. 2. THE DIRECTOR GENERAL OF POLICE KERALA, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM 695 001 W.A.No.1507/2011. 3. INSPECTOR GENERAL OF POLICE SOUTH ZONE NANDAVANAM, THIRUVANANTHAPURAM 695 001. 4. R.PRATHAPAN NAIR C.I. OF POLICE, VELLARADA POLICE STATION VELLARADA-695 125, NOW WORKING AS CI OF POLICE CBCID KOLLAM UNIT 697 001. 5. S.JAYAKUMAR, SUB INSPECTOR OF POLICE, ARYANCODE POLICE STATION OTTASEKHARAMANGALAM P.O,PIN 695 125. NOW WORKING AS SUB INSPECTOR OF POLICE ASSISTANT COMMISSIONER OF POLICE TRAFFIC PATTOM, THIRUVANANTHAPURAM -695 001 6. C.I . OF POLICE VELLARDA, VELLARDA POLICE STATION- 695 001. 7. RAJENDRAN , HC T 8729 KATTAKADA POLICE STATION, RESIDING AT SHARON CHEMPOOR, OTTASEKHARAMANGALAM PO, 695 001. 8. ANFY RUSSEL GHC 992 SBCID HQ ON DEPUTATION FROM KASARGOD DIST RESIDING AT SREYAS, PANAVARATHALA, MANAHAMOODU PO, 695 001. 9. SURESH KUMAR PCD 10448. (W/A IN THIRUVANANTHAPURAM RAILWAY ALERT CONTROL ROOM FROM AR ERNAKULAM CITY) RESIDING AT NELLIKKAPARAMBU, MANNAMKONAM PO, 695 001. ADV. SRI.G.SUDHEER FOR R-9 GOVT.PLEADER, SRI.LIJU V. STEPHEN THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 13/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.A.No.1507/2011 APPENDIX ANNEXURE-A: COPY OF TREATMENT CERTIFICATES ISSUED BY MEDICAL OFFICER, MEDICAL COLLEGE HOSPITAL, THIRUVANANTHAPURAM. ANNEXURE-B: COPY OF ENQUIRY REPORT NO.166/GL/2010/AROD OF THE SUB INSPECTOR OF POLICE, ARYANCODE POLICE STATION. //TRUE COPY// PA TO JUDGE C.N.RAMACHANDRAN NAIR, Ag.C.J. & P.S.GOPINATHAN, J. ------------------------------- W.A.No.1507 OF 2011 ------------------------------- Dated this the 13th day of October, 2011 J U D G M E N T ~~~~~~~~~~~ C.N.Ramachandran Nair, Ag.C.J. The prayer in the W.P.(C) was only to direct investigation for the crimes registered against respondents 7, 8 and 9 by some other agency other than the normal police. The learned Single Judge declined the relief sought. Consequently, Writ Appeal is filed. After hearing the appellant's counsel and the Public Prosecutor what we notice is that the quarrel in the Church was between two factions wherein both sides exchanged blows leading to injuries to persons on either side. Some of them happened to be Police Constables, who are also parties in the faction fight in the Church. The learned Government Pleader and the contesting respondents submitted that Police Constables involved were originally suspended and all were later reinstated though investigation is going on. The W.A.No.1507/2011 2 appellants claim that separate agency should be engaged for investigation cannot be accepted because Police Constables are there on appellant's side also. Government Pleader also submitted that a fairly senior level officer, namely, a Deputy Superintendent of Police, is directed to investigate the matter. We do not think there is any need to order investigation by any other agency or even interfere with the reinstatement of those suspended. Consequently, the Writ Appeal is dismissed. (C.N.RAMACHANDRAN NAIR, Acting Chief Justice) (P.S.GOPINATHAN, JUDGE) ps/13/10