IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 17746 of 2008(K)
1. SYED @ SAITHALI HAJI, AGED 49 YEARS
... Petitioner
2. ABDUL RAHIMAN, S/O.KUNJAVU, KURUVAKULAM
3. KUNHI KOYA THANGAL, S/O.B.KUNHIBEEVI, OC
4. IMBICHI KOYA THANGAL, S/O.ATTA BEEVI, PE
Vs
1. S.P.PALAKKAD
... Respondent
For Petitioner :SRI.RAJIT
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :14/07/2008
O R D E R
R.BASANT, J
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W.P(C). No.17746 of 2008
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Dated this the 14th day of July, 2008
JUDGMENT
Petitioners, 4 in number, are accused 1 to 4 in a crime
registered as Crime No.91 of 2007 of Chalissery Police Station.
Investigation into that crime is now complete and a final report
has already been filed on the basis of that final report.
Cognizance has been taken and C.C.No.5 of 2008 has been
registered before the Judicial Magistrate of the First Class,
Pattambi. This crime, it is submitted, is an offshoot of a civil
litigation between rival contestants about a jaram in the locality.
The defacto complainant and the accused belong to two rival
groups, which have been litigating before the civil courts in
respect of rights regarding the said jaram. The
petitioners/accused have a definite case that the Assistant Sub
Inspector of the local Police Station, the C.I of police having
jurisdiction and the Dy.S.P having jurisdiction over the area have
all colluded together to foist a false case against the petitioners
and to file a charge sheet against them. A complaint was raised
before the Superintendent of Police and the Superintendent of
Police had directed a senior official – Dy.S.P, Narcotic Cells,
W.P(C). No.17746 of 2008 2
Palakkad to conduct an enquiry into the conduct of investigating
officers in respect of the investigation in this crime. Accordingly
such an enquiry has been conducted by the Dy.S.P, Narcotic Cell,
Palakkad and he had submitted Ext.P3 report before the
Superintendent of Police. The Superintendent of Police thereafter
had allegedly directed the Dy.S.P, Shoranur to conduct a further
investigation. Accordingly report was submitted before the
learned Magistrate and further investigation under Section 173(8)
Cr.P.C is pending. The petitioners now have received notice from
the said Investigating Officer, ie. the Dy.S.P, Shoranur, one
Mr.Ramachandran by name.
2. The petitioners had come to this Court with a grievance
that the further investigation had not even commenced. But it
was during the pendency of this Writ Petition that they received
notice from the Investigating Officer to appear before him. The
petitioners submit that interests of justice will not be served if the
said officer – Sri.Ramachandran, Dy.S.P, Shoranur were himself to
conduct investigation into the crime. It is pointed out that in
Ext.P3 report, reference is made to the presence of the said
Dy.S.P at the police station when the crime was registered. In
these circumstances investigation by the said officer may not
satisfy the interests of justice, it is pointed out.
W.P(C). No.17746 of 2008 3
3. Notice was given to the learned Government Pleader .
The learned Government Pleader submits that the investigation is
in progress. The learned Government Pleader submits that there
is absolutely no necessity now to change the Investigating Officer.
There is no sufficient ground made out for any change of the
officer conducting the further investigation now, submits the
learned Government Pleader.
4. Having considered all the relevant circumstances, I am
persuaded to agree that the interests of justice will be served
better and justice will seem to have been done better if further
investigation were conducted by an official other than the official
in respect of whom allegations have been raised by the
petitioners. I am, in these circumstances, satisfied that
appropriate directions can be issued.
5. In the result, this Writ Petition is allowed in part. It is
directed that the 1st respondent must forthwith ensure that further
investigation in Crime No.91 of 2007 of Chalissery Police Station is
conducted by any police official of and above the rank of a Dy.S.P,
but not Sri.C.K.Ramachandran, who is functioning as the Dy.S.P,
Shoranur. Investigation can now be conducted by any Dy.S.P to
be specified by the 1st respondent – not the Dy.S.P who submitted
Ext.P3 report or the Dy.S.P, Shoranur-Sri.C.K.Ramachandran.
W.P(C). No.17746 of 2008 4
Necessary directions in this regard shall be issued within a period
of one month from this date.
6. Hand over a copy of this judgment to the learned
Government Pleader straightaway. Action taken shall be
intimated to the Court and the petitioners herein also.
(R.BASANT, JUDGE)
rtr/-