IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 8289 of 2007(J)
1. B.SOMACHUDAN, S/O. LATE S.BHASKARAN,
... Petitioner
Vs
1. THE STATE OF KERALA, REPRESENTED BY
... Respondent
2. THE DIRECTOR GENERAL OF POLICE,
3. THE DISTRICT SUPERINTENDENT OF POLICE,
4. THE DEPUTY SUPERINTENDENT OF POLICE,
5. THE SUB INSPECTOR OF POLICE,
6. SRI. SASIDHARAN PILLAI, (PC NO.4003),
7. B.SUNDARESAN,
8. B.RISHIKESAN,
9. ATHUL CHANDRAN, S/O. CHANDRANGATHAN,
For Petitioner :SRI.K.JAYAKUMAR
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :30/03/2007
O R D E R
R. BASANT, J.
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W.P.C.No. 8289 of 2007 J
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Dated this the 30th day of March, 2007
JUDGMENT
The petitioner is the defacto complainant in a prosecution
registered under Sections 323 and 324 r/w. 149 I.P.C. He has come
to this Court with a grievance that no proper investigation is being
conducted by the police.
2. The alleged incident took place on 9.12.2006. According to
the petitioner, the police personnel had received information and had
come to the scene of the crime. But most unfortunately the police did
not take effective and prompt action. No F.I.R. was registered.
Long later, on the basis of complaints and representations, the F.I.
statement was recorded only on 15.12.2006 from the petitioner, who
was undergoing treatment as an inpatient in the hospital. The crime
was registered, inter alia, under Section 324 I.P.C. only. But grievous
injuries have been suffered by the petitioner. The petitioner, in these
circumstances, prays that the investigation may be entrusted to more
competent and efficient hands
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2. Notice was given. The learned Prosecutor, on instructions,
submits that the grievance raised is not sustainable. Proper and efficient
investigation is being conducted. Already, long prior to the filing of this
petition, on 1.1.2007 the police had filed report to include the allegation
under Section 326 I.P.C. Steps are being taken to get the bail granted to the
accused cancelled, it is submitted. In these circumstances, there is no merit
in the grievance that proper investigation is not being conducted, submits
the learned Prosecutor.
3. The learned counsel for the petitioner submits that the only
interest of the petitioner is that a proper and efficient investigation must be
conducted and the guilty must be brought to the book. The petitioner was
not aware of the report dt. 1.1.2007. The learned counsel submits that this
Court may ensure that there is proper conduct of investigation and if that is
done, the petitioner has no grievance at all.
4. I am satisfied, in these circumstances, that it is not necessary to
direct that the investigation be taken over by any other individual/agency.
The interests of justice will be served eminently by directing the third
respondent, District Superintendent of Police, Kollam to monitor the
investigation and ensure that the Investigating Officer takes appropriate
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action in accordance with law for the efficient and proper conduct of the
investigation.
5. This writ petition is accordingly dismissed with the above
observations.
6. Hand over copy of the judgment to the learned Prosecutor, who
shall communicate the same to the third respondent.
(R. BASANT)
Judge
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