IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 19484 of 2010(Q)
1. SHAJI N.M., AGED 48 YEARS,
... Petitioner
Vs
1. THE SUPERINTENDENT OF POLICE,
... Respondent
2. DEPUTY SUPERINTENDENT OF POLICE,
3. THE CIRCLE INSPECTOR OF POLICE,
4. THE SUB INSPECTOR OF POLICE,
For Petitioner :SRI.M.V.THAMBAN
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
Dated :22/07/2010
O R D E R
V. RAMKUMAR, J.
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W.P.(c).No.19484 of 2010
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Dated this the 22nd day of July, 2010
JUDGMENT
Petitioner, who is the 2nd accused in Crime No.1211 of 2009
of Vaikam Police Station registered for offences punishable
under Sections 465, 468 and 471 read with 34 IPC, seeks a
direction to hand over the investigation of the above crime to any
officer superior in rank to respondents 3 and 4 namely Circle
Inspector of Police, Vaikom and Sub Inspector of Police, Vaikom
respectively.
2. If the investigation conducted by respondents 3 and 4 is
not on proper lines, the remedy of the petitioner is to move the
Magistrate concerned.
3. The learned Public Prosecutor on instructions submitted
that the case of the prosecution is that the 1st accused along with
the petitioner herein concocted non-liability certificate of State
Bank of India so as to produce the same before the British High
Commission and the petitioner who was assisting the 1st accused
W.P.(c)No. 19484 of 2010
2
for preparing the forged documents is absconding.
4. As mentioned earlier if the investigation is not
proceeding on proper lines and if the respondents 3 and 4 are
not conducting the investigation in accordance with law and the
investigation is a tainted investigation, the petitioner’s remedy is
not to approach this Court by filing a writ petition under Article
226 of the Constitution of India. His remedy is to move the
Magistrate in the light of the decision reported in Thomas V.C
Achamma Thomas and another (2009(2) KHC 693) and also in
the light of Sakiri Vasu v. State of U.P and others. (2008(1)
KLT 724 SC)
This writ petition is disposed of reserving the above right of
the petitioner.
Dated this the 22nd day of July, 2010.
V. RAMKUMAR, JUDGE
sj