IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 23RD NOVEMBER 2009 / 2ND AGRAHAYANA 1931 WP(C).No. 31488 of 2009(Q) --------------------------------------- CRIME NO.275/2009 OF KUNDARA POLICE STATION. ............... PETITIONER(S): ---------------------- RAJU, S/O. KESAVAN, MUTHIRAVILA VEEDU, PAMPALIL CHERRY, PERINADU P.O., PANAYAM VILLAGE, KOLLAM TALUK, KOLLAM DISTRICT. BY ADV. MR.C.RAJENDRAN RESPONDENT(S): ------------------------ 1. THE DISTRICT SUPERINTENDENT OF POLICE, KOLLAM. 2. THE SUB NSPECTOR OF POLICE, KUNDARA POLICE STATION, KOLLAM. R1 & R2 BY GOVERNMENT PLEADER MR.S.U. NAZAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/11/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. =========================== W.P.(C)No.31488 OF 2009 =========================== Dated this the 23rd day of November,2009 JUDGMENT This petition is filed under Article 226 of the Constitution of India by the de facto complainant in Crime 275/2009 of Kundara Police Station registered for the offence under sections 419, 468, 471,120B read with section 34 of Indian Penal Code for a writ of mandamus compelling first respondent, the District Superintendent of Police, Kollam to entrust the investigation to another Police Officer not below the rank of Circle Inspector of Police for proper investigation contending that inspite of Ext.P2 representation filed by the petitioner, first respondent has not given sufficient directions and the case is still investigated by the second respondent. 2. Learned counsel appearing for the petitioner submitted that the case is not being properly investigated and at a time when petitioner was not in India a document was executed and registered by impersonation and in such circumstance there should be a proper investigation. W.P.(C) 31488/2009 2 3. Learned Government pleader submitted that the case is being properly investigated and the person who had impersonated was identified and the specimen signature of the petitioner as well as the suspected persons are to be sent for examination and steps are being taken. 4. Learned counsel submitted that in the light of the submission of the learned Government pleader the petition may be closed with liberty to approach the court if necessary at a latter stage. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006