IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 10610 of 2006(K)
1. M.K.JANARDHANAN, S/O.ACHUTHAN NAIR,
... Petitioner
Vs
1. SUB INSPECTOR OF POLICE,
... Respondent
2. CITY POLICE COMMISSIONER,
3. DIRECTOR GENERAL OF POLICE,
4. STATE OF KERALA, REPRESENTED
For Petitioner :SRI.P.V.KUNHIKRISHNAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :02/02/2007
O R D E R
R. BASANT, J.
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W.P.C.No. 10610 of 2006 K
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Dated this the 2nd day of February, 2007
JUDGMENT
The grievance of the petitioner is that no proper investigation has
been conducted into Crime Nos. 174 of 2004, 265 of 2004 and 243 of 2005,
all registered at the Nallalam police station. It is not necessary to advert to
all the details and the sequence of events, which had taken place. It is now
submitted that final reports have already been filed on 29.12.06, 1.1.2007
and 27.11.2006 in all the three crimes. Cognizance has been taken by the
learned Magistrate and the proceedings against the accused persons have
been initiated.
2. As this Court was not satisfied that the directions issued in the
matter had been properly carried out, the Commissioner of Police, to whom
directions were issued, was directed to appear in person. He has filed a
statement. After perusing the statement, the learned counsel for the
petitioner now makes only one request. He submits that the statement of
the petitioner has not been properly recorded by the Investigating Officer in
these three crimes. The counsel submits that the petitioner has faith in the
Commissioner of Police and will be satisfied if the Commissioner of Police
would ensure that his statement is again recorded in the presence of the
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Commissioner. The learned D.G.P. submits that the Commissioner has no
objection to this course.
3. The Commissioner shall ensure that the petitioner’s statement is
recorded in his presence within two weeks from this date and if necessary
further investigation under Section 173(8) Cr.P.C. shall be directed.
Accepting this arrangement, I am satisfied that no further directions need
be issued.
4. This writ petition is, in these circumstances, allowed in part to the
extent indicated above.
(R. BASANT)
Judge
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R. BASANT, J.
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W.P.C.No. 10610 of 2006
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Dated this the 3rd day of January, 2007
O R D E R
I have perused the statement filed by the first respondent. It is now
transparently evident that the second respondent has not complied with the
direction issued by this Court. There was a specific direction on 25.7.2006
that the investigation must be got conducted by an Officer higher in rank
than the Sub Inspector of Police. On 1.12.2006, as no statement was seen
filed as directed on 25.7.06, specific directions were issued. Inspite of this,
it is seen that, today when the matter came up for hearing, it is the first
respondent who has filed the statement. The conduct of the 2nd respondent
is far from satisfactory.
2. Issue notice to the second respondent as to why proceedings in
contempt should not be initiated against him for not carrying out the
directions of this court issued on 25.7.06 and 1.12.06. He shall also file a
detailed statement showing all the steps taken by him after the order
dt.25.7.06. He shall appear in person and offer explanation to this court on
the next date of posting. Call on 15.1.07.
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3. The Registry shall issue a copy of this order to the second
respondent. The learned Prosecutor shall also communicate the order to the
second respondent.
.
(R. BASANT)
Judge
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R. BASANT, J.
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Crl.M.C.No. of 2006
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Dated this the 3rd day of January, 2007
O R D E R
(R. BASANT)
Judge
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R.BASANT, J.
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W.P.C.NO.10610 OF 2006
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Dated this the 1st day of December, 2006.
ORDER
I have perused the copy of the statement filed by the 2nd
respondent. To say least, I am not at all satisfied that the
directions issued by my learned Brother on 25.07.2006 have
been seriously implemented and action taken. Only one of the 3
cases has been charge sheeted and investigation into the other
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cases is still pending. The fact that the Commissioner of Police
could not even get prompt instructions from his Circle Inspector
of Police about the progress of the case speaks volumes for the
effective supervision that he had undertaken in the investigation
of the remaining two crimes, ie., Crime Nos.175 of 2004 & 265
of 2004.
2. Further time is granted till 02.01.2007 to the
Commissioner of Police to ensure that effective, meaningful and
efficient investigation is conducted into Crime Nos.175 of 2004
& 265 of 2004. On 03.01.2007, the matter shall be called again.
The statement shall be filed on or before 02.01.2007 reporting to
this Court the action taken and the progress achieved. If the
statement is not filed, the Commissioner of Police shall appear in
person and explain the action taken in the matter. The learned
Public Prosecutor shall communicate the direction to the
Commissioner of Police.
Hand over a copy of this to the learned counsel for both
sides.
R.BASANT
JUDGE
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