High Court Kerala High Court

Balachandra Pai vs Sub Insepctor Of Police Cherthala on 8 September, 2010

Kerala High Court
Balachandra Pai vs Sub Insepctor Of Police Cherthala on 8 September, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 24321 of 2010(Q)


1. BALACHANDRA PAI, KIZHAKKE KOVALAKATHU,
                      ...  Petitioner

                        Vs



1. SUB INSEPCTOR OF POLICE CHERTHALA
                       ...       Respondent

2. DEPUTY SUPERINTENDENT OF POLICE

3. DIRECTOR GENERAL OF POLICE,

4. DIRECTOR GENERAL OF POLICE (CRIMES),

                For Petitioner  :SRI.MANSOOR.B.H.

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :08/09/2010

 O R D E R
            M.SASIDHARAN NAMBIAR,J.
          ===========================
           W.P.(C)No. 24321 & 23440
                     OF 2010
          ===========================

   Dated this the 8th day of September,2010

                   JUDGMENT

W.P.(C)24321/2010 is filed by the husband

of deceased Rekha who committed suicide on

10.4.2010 by hanging. Crime 433/2010 is

registered under section 306 and 498A read with

section 34 of Indian Penal Code. Case is now

being investigated by the Deputy Superintendent

of Police, (Narcotic Cell), Alappuzha. Writ

Petition 24321/2010 is filed seeking transfer

of the investigation to the CBCID contending

that it is to be investigated by a superior

officer as the accused is a Police Constable.

W.P.(C)23440/2010 is filed by the wife of that

Police Constable seeking a direction to

constitute a special team headed by the Senior

Officer of Crime Branch to carry out a fair and

W.P.(C)24321 & 23440 of 2010 2

impartial investigation. A statement is filed by

the Investigating officer in both the cases. From

the statement of the Investigating officer, it is

revealed that though the accused Police Constable

was suspended, he was not arrested. The progress

of the investigation reveals that the case is not

being properly investigated. In such

circumstances, considering the fact that the

suspected is a Police Constable and he is

absconding, which fact itself is being disputed by

the petitioner in W.P.(C)24321/2010, it is

absolutely necessary to transfer the investigation

to the Crime Branch so that the investigation could

be carried out by a superior officer not below the

rank of Dy.SP.

W.P.(C)24321/2010 is allowed directing the

third respondent to transfer the investigation of

Crime 433/2010 of Cherthala Police Station to CBCID

with instruction to investigate the case by a

competent officer not below the rank of a Dy.SP.

The investigation is to be conducted fairly and

W.P.(C)24321 & 23440 of 2010 3

expeditiously.

In view of the fact that W.P.(C) 23440/2010 is

filed by the wife of the suspected, it is

dismissed.

M.SASIDHARAN NAMBIAR
JUDGE
tpl/-

M.SASIDHARAN NAMBIAR, J.

———————

W.P.(C).NO. /06

———————

JUDGMENT

SEPTEMBER,2006