High Court Kerala High Court

Ambika Devi vs The Director General Of Police on 7 June, 2010

Kerala High Court
Ambika Devi vs The Director General Of Police on 7 June, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 17553 of 2010(Q)


1. AMBIKA DEVI, D/O.LATE MR.K.A.UTHAMAN,
                      ...  Petitioner

                        Vs



1. THE DIRECTOR GENERAL OF POLICE,
                       ...       Respondent

2. THE SUPERINTENDENT OF POLICE,

3. THE SUB INSPECTOR OF POLICE,

4. VENUGOPAL (BROTHER OF PETITIONER),

5. RENUKA DEVI, KRISHNANIVAS,

6. N.MOHANDAS,

7. N.SASI KUMAR,

8. CHELLAPPAN, KESHAVA BHAVANAM,

9. RATHEESHAN, PATHMALAYAM,

                For Petitioner  :SRI.PRABHU MATHEW

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :07/06/2010

 O R D E R
                             V.RAMKUMAR, J
                ......................................................
                         W.P.C. 17553 of 2010
             ...........................................................

                    Dated, 7th day of June, 2010

                                 JUDGMENT

The petitioner who claims to be a physically handicapped

woman aged 46 years residing along with her minor son in

Ward No. 7 at Ambalappuzha Grama Panchayath inter alia seeks

a direction against the 2nd respondent Superintendent of Police

Alappuzha, to relieve the Sub Inspector of Police,

Ambalappuzha from the investigation of Crime No. 301 of 2010

of Ambalappuzha Police Station and to direct the Superintendent

of Police either to investigate the case himself or to entrust the

investigation with a senior police officer other than the Sub

Inspector of Police, Ambalappuzha after calling for the records in

the above crime. According to the petitioner the 4th respondent,

Venugopal, who is the brother of the petitioner is a practicing

lawyer in the Ambalappzha Courts, and therefore, she may not

get justice , if she approaches the J.F.C.M. Ambalappuzha with a

petition under Sec. 156 (3) Cr.P.C.

2. After the verdict of the Apex Court in Sakiri Vasu v.

W.P.C. 17553 of 2010 -:2:-

State of U.P. 2008 (1) KLT 724 (SC) the power lies with the

Magistrate concerned to monitor the investigation of the crime

and the remedy of the petitioner is to move the Magistrate. I do

not think that the Judicial Officers in the State are amenable to

extraneous considerations such as one of the accused persons

being a practicing lawyer before them. The Magistracy in the

State are far above such considerations and I see no reason as to

why the Magistrate is, if approached, will show any sort of

partisanship or leniency towards the 4th respondent merely

because he is a practicing lawyer in that Court. The legal

remedies of a litigant cannot be channalised to suit his or her

convenience merely because he or she is apprehensive of the

opposite party in the case. This Writ Petition is accordingly

dismissed without prejudice to the right of the petitioner to move

the appropriate Magistrate for suitable reliefs in the light of the

verdicts in Sakiri Vasu v. State of U.P. (supra) and Kunga

Nima Lepcha and Others v. State of Sikkim and Others

– 2010 (4) SCC 513.

Dated this the 7th day of June, 2010.

V. RAMKUMAR, JUDGE