IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 26666 of 2009(Q)
1. P.G.MATHEW, S/O.P.M.VARGHESE, AGED 61
... Petitioner
Vs
1. STATE OF KERALA REP.BY SECRETARY TO
... Respondent
2. DIRECTOR GENERAL OF POLICE,
4. STATION HOUSE OFFICER,CHENGANNUR
3. SUPERINTENDENT OF POLICE, ALLEPPEY.
For Petitioner :SRI.M.RAMESH CHANDER
For Respondent : No Appearance
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :03/12/2009
O R D E R
M.SASIDHARAN NAMBIAR,J.
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W.P.C.NO. 26666 OF 2009
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Dated 3rd December 2009
JUDGMENT
Petition is filed under Article 226 of
Constitution of India for a direction to investigate
Ext.P1 crime by Crime Branch or to constitute a
special investigation team. Case of the petitioner is
that on 17/2/2008 petitioner received a phone call
that his daughter-in-law was admitted in the
hospital at Aluva for delivery and she is in a serious
condition and therefore he proceeded to Chengannur
railway station accompanied by his wife in a scooter
and when they reached near Chengannur railway station,
a motor cycle which came from opposite side slow down
and the rider who could be identified by the
petitioner, snatched away the gold necklace worn by
his wife and in the process petitioner fell down along
with wife and on hearing the cry persons from
neighbourhood reached there and by that time persons
who committed theft sped away and Ext.P1 FIR was
registered in crime No.99/2008. It is contended that
Wpc 26666/09
2
case is not being properly investigated and therefore,
it is to be investigated either by the Crime Branch
or a special investigation team.
2. Learned Government Pleader submitted
that though the case was originally investigated by
Sub Inspector of Police, on 4/9/2009, investigation of
the case was entrusted with Circle Inspector of
Police, Chengannur as directed by the Superintendent
of Police, Alappuzha and case is properly
investigated.
3. In such circumstances, I find it not
necessary to entrust the investigation either to the
Crime Branch or Special investigation team as sought
for. If petitioner has any grievance with regard to
the investigation, he is at liberty to approach the
concerned Magistrate under Section 156(3) of Code of
Criminal Procedure.
Petition is disposed.
M.SASIDHARAN NAMBIAR,
JUDGE.
uj.