High Court Kerala High Court

Rathish.R. vs The Sub Inspector Of Police on 14 September, 2010

Kerala High Court
Rathish.R. vs The Sub Inspector Of Police on 14 September, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 17732 of 2010(Q)


1. RATHISH.R., AGED 28 YEARS,
                      ...  Petitioner

                        Vs



1. THE SUB INSPECTOR OF POLICE,
                       ...       Respondent

2. THE CIRCLE INSPECTOR OF POLICE,

3. THE DEPUTY SUPERINTENDENT OF POLICE,

4. THE SUPERINTENDENT OF POLICE,

5. THE DIRECTOR GENERAL OF POLICE,

6. STATE OF KERALA, REPRESENTED BY THE

                For Petitioner  :SRI.NOBLE MATHEW

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :14/09/2010

 O R D E R
            M.SASIDHARAN NAMBIAR,J.
          ===========================
          W.P.(C)No. 17732   OF 2010
          ===========================

   Dated this the 14th day of September,2010

                   JUDGMENT

This petition is filed under Article 226 of

Constitution of India for a writ of mandamus

directing respondents 5 and 6 to authorize any

superior officer not below the rank of Deputy

Superintendent of Police to investigate Crime

1119/2009 registered for the offences under

sections 143, 147, 148, 447, 323, 324 and 326

read with section 149 of Indian Penal Code.

Case of the petitioner is that there was no

proper investigation and the elder brother of

the petitioner was murdered pursuant to the

assault made by the accused and though accused

3, 6 and 7 were also involved, they were

subsequently deleted and a new accused was

added as fifth accused and as there is no

chance for a fair and proper investigation, a

W.P.(C)17732/2010 2

direction is to be issued to conduct proper

investigation by an officer not below the rank of

Deputy Superintendent of Police. Sub Inspector of

Police, Kundara Police Station has filed a

statement which reveals that his predecessor Sub

Inspector had investigated the case and he filed a

report before the court deleting the original

accused 3, 6 and 7 and adding fifth accused as an

additional accused and a final report was

submitted before court on 25.2.2010 and though

cognizance was taken, trial is not started. The

relevant portion of the statement in paragraph 5 of

the statement reads:-

“It is also born out from the

case diary that additional

statement of the petitioner

was not recorded by the then

Sub Inspector of Police, even

though name of the 3 persons

already arrayed in the First

Information Statement were

W.P.(C)17732/2010 3

deleted. Though the final

report has been submitted

before the Judicial First

Class Magistrate Court-I,

Kollam trial has not been

commenced. I have taken over

the charge of Kundara Police

Station on 9.4.2010

consequent to the transfer of

my predecessor. It is

submitted that all grievances

of the petitioner can be

redressed by me after

conducting further

investigation.”

2. On hearing the learned counsel appearing

for the petitioner and the learned Government

pleader and going through the records including the

statement filed by the Sub Inspector of Police, it

is clear that there was no proper investigation. It

is strange that some of the accused were deleted

W.P.(C)17732/2010 4

without conducting an effective investigation. In

such circumstances, Sub Inspector of Police,

Kundara Police Station, the Investigating Officer

is to be directed to conduct a further

investigation with the approval of the concerned

Magistrate as provided under section 173(8) of the

Code of Criminal Procedure.

Petition is allowed. Sub Inspector of Police,

Kundara is directed to conduct a further

investigation under section 173(8) of Code of

Criminal Procedure on seeking formal permission of

the learned Magistrate and conduct a proper,

effective and exhaustive investigation and submit

a report as provided under section 173(8) of Code

of Criminal Procedure before the concerned

Magistrate.

M.SASIDHARAN NAMBIAR
JUDGE
tpl/-

M.SASIDHARAN NAMBIAR, J.

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

———————

JUDGMENT

SEPTEMBER,2006