IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 29262 of 2010(Q)
1. MAHESH @ KOCHUKUTTAN,AGED 27 YEARS,
... Petitioner
Vs
1. THE DIRECTOR GENERAL OF POLICE,
... Respondent
2. THE DEPUTY POLICE COMMISSIONER
3. THE ASSISTANT POLICE COMMISSIONER,
4. THE CIRCLE INSPECTOR OF POLICE,
5. THE SUB INSPECTOR OF POLICE,
For Petitioner :SRI.S.JAYAKRISHNAN
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :07/12/2010
O R D E R
M.SASIDHARAN NAMBIAR,J.
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W.P.(C).No. 29262 OF 2010
===========================
Dated this the 7th day of December,2010
JUDGMENT
Petition is filed under Article 226 of the
Constitution of India for a writ of mandamus
directing first respondent to entrust the
investigation of Crime 242/2010 of
Vattiyoorkavu Police Station to a superior
officer not below the rank of Superintendent of
Police and also for a direction to consider and
pass orders on Ext.P6 representation seeking
fair investigation and action against officers
who are not fairly investigating the case.
Petitioner the accused contended that though he
is an accused the case was originally
registered under section 354 of Indian Penal
Code, based on the statement given by the de
facto complainant and subsequently an offence
under section 376 of Indian Penal Code was
W.P.(C)29262/2010 2
incorporated and the case is not being fairly
investigated.
2. The Assistant Commissioner of Police,
Narcotic Cell, Thiruvananthapuram filed an
affidavit showing the progress of the
investigation.
3. Learned counsel appearing for the
petitioner and learned Public Prosecutor were
heard.
4. Learned Public Prosecutor made available a
certified copy of the statement of the victim
recorded under section 164 of Code of Criminal
Procedure by the learned Magistrate which discloses
an offence under section 376 of Indian Penal Code.
It is also clear that the case is being
investigated properly by the Assistant Commissioner
of Police.
5. In such circumstances, I do not find any
reason to give any direction as sought for. In any
case, as Ext.P6 representation is submitted to the
first respondent, first respondent is directed to
W.P.(C)29262/2010 3
consider Ext.P6 representation and pass appropriate
orders in accordance with law.
Petition is disposed.
M.SASIDHARAN NAMBIAR
JUDGE
tpl/-
M.SASIDHARAN NAMBIAR, J.
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W.P.(C).NO. /06
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JUDGMENT
SEPTEMBER,2006