IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 15423 of 2010(Q)
1. P.NARAYANAN, AGED 58
... Petitioner
2. ANILKUMAR AGED 34
Vs
1. STATE OF KERALA, REPRESENTED
... Respondent
2. ASST.COMMISSIONER OF POLICE
3. C.I.OF POLICE HILL PALACE, TRIPUNITHURA.
4. S.I.OF POLICE , E.T. SOUTH POLICE
For Petitioner :SRI.C.P.UDAYABHANU
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
Dated :11/06/2010
O R D E R
V.RAMKUMAR, J.
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W.P.(C).No.15423 of 2010
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Dated this the 11th day of June, 2010
JUDGMENT
In this writ petition filed under Article 226 of the
Constitution of India the petitioners seek a direction to entrust
the investigation of Crime No.432/2010 of Ernakulam Town
South Police Station with a senior and competent officer.
2. The first petitioner is the father of the second
petitioner. The second petitioner is the first accused in Crime
No.432/2010 of Ernakulam Town South Police Station
registered for offences punishable under Sections 3,4 and 5 of
the Immoral Traffic Prevention Act, 1956. According to the
petitioners the second petitioner has been falsely implicated in
the case at the instance of respondents 3 and 4 (S.I. of Police
and C.I of Police) who are enimical to the petitioners and it is
necessary that an impartial investigation at a level higher than
Station House Officer should be conducted.
3. The learned Government Pleader on instructions
submitted that the charge sheet has already been filed before
the Additional Chief Judicial Magistrate (Economic offences)
Ernakulam on 30/4/2010. If so, the petitioners will have to
W.P.(C)No.15423/2010
: 2 :
approach the learned Magistrate for further directions, in case
investigation conducted by the local police has been faulty,
biased and unsatisfactory. The decision of the Apex Court in
Sakiri Vasu Vs. State of Punjab (2008(1) KLT 724 (SC)
has held that it is the Magistrate who is to be approached for
appropriate directions in the matter and for further
investigation. Without prejudice to the right of the petitioners
to move the Magistrate for appropriate orders this writ
petition is dismissed.
V.RAMKUMAR, JUDGE
skj