V.Gokulan vs State Of Kerala Represented By Its on 29 October, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 26476 of 2009(Q)


1. V.GOKULAN, GOKUL NIVAS,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA REPRESENTED BY ITS
                       ...       Respondent

2. THE DIRECTOR GENERAL OF POLICE,

3. THE DEPUTY SUPERINTENDENT OF POLICE,

                For Petitioner  :SRI.P.VIJAYA BHANU

                For Respondent  : No Appearance

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :29/10/2009

 O R D E R
              M.SASIDHARAN NAMBIAR,J.
            ===========================
            W.P.(C)No.26476       OF 2009
            ===========================

     Dated this the 29th day of October,2009

                      JUDGMENT

Petitioner the de facto complainant in Crime

744/2007 of Kottayam West Police Station had earlier

approached this court by filing Crl.M.C.4197/2008 for a

direction to handover the investigation to another

agency. By Ext.P3 order this court found that a

perusal of the records revealed that no serious,

pointed or efficient efforts have been employed by the

second respondent to seize the original power of

attorney, inspite of directions issued by the

Magistrate by more than one year and the proper

investigation is not being conducted, directed the

first respondent Dy.SP to conduct the investigation

personally and submit periodical report every month to

the Magistrate with a direction that the Magistrate

is to monitor the investigation. This petition is

filed under Article 226 of the Constitution of India

complaining that no effective investigation is being

carried out and therefore a writ of mandamus is to be

issued commanding second respondent to handover the

W.P(C)26476/2009 2

investigation to a senior and efficient officer of the

Crime Branch.

2. A statement is filed by the Deputy Superintendent of

Police, Kottayam who was directed to investigate the case

by Ext.P3 order expressing his failure to obtain possession

of the original power of attorney and stating that though a

copy of the power of attorney is available, with that copy

the signature cannot be compared. Though it is stated that

investigation is being continued, the statement does not

inspire confidence that the investigation would yield the

desired result.

3. On hearing the learned counsel appearing for the

petitioner and the learned Government pleader and Ext.P3

order passed earlier and the statement filed by the Deputy

Superintendent of Police, Kottayam, it is clear that the

investigation is not properly carried out. Inspite of the

direction to the Magistrate to monitor the investigation it

is clear that the stage of the investigation is where it

was when Ext.P3 order was passed. In such circumstances,

for an effective and purposeful investigation

it is necessary to entrust the investigation to a senior

officer of the Crime Branch.

Writ Petition is disposed directing second respondent

Director General of Police, Thiruvananthapuram to entrust

W.P(C)26476/2009 3

investigation of Crime 744/2007, Kottayam West Police

Station to the Crime Branch with a direction that it shall

be investigated by an efficient senior officer not below

the rank of Deputy Superintendent of Police.

Writ Petition is disposed.

M.SASIDHARAN NAMBIAR
JUDGE
tpl/-

M.SASIDHARAN NAMBIAR, J.

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

———————

JUDGMENT

SEPTEMBER,2006