IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl MC No. 718 of 2007()
1. N.S.HARIKUMAR, S/O.SREEDHARAN NAIR,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
2. THE CIRCLE INSPECTOR OF POLICE,
For Petitioner :SRI.P.GOPAKUMARAN NAIR
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :26/07/2007
O R D E R
R. BASANT, J.
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Crl.M.C.No. 718 of 2007
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Dated this the 26th day of July, 2007
O R D E R
The petitioner has come to this court complaining that the
investigation conducted by the second respondent into a crime
registered against him is unsatisfactory and the investigation may be
entrusted to some senior police official.
2. A brief reference to crucial facts may be relevant. At 5 a.m.
on 20.2.2007 the second respondent allegedly detected a mini lorry
being loaded with sand. The petitioner herein was allegedly present
in the said lorry on the driver seat. Crime No.58 of 2007 of
Koyipram Police Station was registered after the second respondent
reached the police station along with the petitioner. According to the
second respondent, the load of sand in the vehicle was unloaded in
the police station. The petitioner was interrogated. It was revealed
that the petitioner was indulging in the culpable conduct of using one
pass to transport many loads of sand. According to the second
respondent, he thereafter went to the scene, where loads of sand
illicitly removed were stacked. In the vehicle of the petitioner
himself those loads of sands were attempted to be taken to the police
Crl.M.C.No. 718 of 2007
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station. At that stage some persons had allegedly attempted to take
photographs of such loading.
3. The petitioner has a different story to advance. According to him,
his vehicle was not involved in any such illegal activity. The vehicle was
seized unnecessarily. Later to make up a charge against the petitioner, the
vehicle was brought and attempt was made to load the same in the presence
of the police with sand. At that time persons who were available there
smelling foul play had taken photographs of the attempt of the police to
remove the sand in the petitioner’s vehicle.
4. I have adverted to the rival contentions on the crucial aspect. I
must say, at the moment and with the available materials I find absolutely
no reason to sail to a conclusion that the investigation conducted is
motivated or vitiated. However, I find merit in the submission that a senior
police officer, who is not involved in the controversy, must continue and
do the investigation in this case. Without expressing any opinion on the
allegations and counter allegations raised, I am of the opinion that the
Superintendent of Police, Pathanamthitta can be directed to entrust the
investigation to a senior police official of the District not below the rank
of a Dy.S.P. to be chosen by him. Necessary orders to that effect shall be
Crl.M.C.No. 718 of 2007
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issued by the Superintendent of Police, Pathanamthitta within a period of
15 days from this date.
5. This Crl.M.C. is accordingly allowed to the above extent.
6. Hand order the order to the learned Prosecutor for communication
to the Superintendent of Police, Pathanamthitta.
(R. BASANT)
Judge
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