IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 24321 of 2010(Q)
1. BALACHANDRA PAI, KIZHAKKE KOVALAKATHU,
... Petitioner
Vs
1. SUB INSEPCTOR OF POLICE CHERTHALA
... Respondent
2. DEPUTY SUPERINTENDENT OF POLICE
3. DIRECTOR GENERAL OF POLICE,
4. DIRECTOR GENERAL OF POLICE (CRIMES),
For Petitioner :SRI.MANSOOR.B.H.
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :08/09/2010
O R D E R
M.SASIDHARAN NAMBIAR,J.
===========================
W.P.(C)No. 24321 & 23440
OF 2010
===========================
Dated this the 8th day of September,2010
JUDGMENT
W.P.(C)24321/2010 is filed by the husband
of deceased Rekha who committed suicide on
10.4.2010 by hanging. Crime 433/2010 is
registered under section 306 and 498A read with
section 34 of Indian Penal Code. Case is now
being investigated by the Deputy Superintendent
of Police, (Narcotic Cell), Alappuzha. Writ
Petition 24321/2010 is filed seeking transfer
of the investigation to the CBCID contending
that it is to be investigated by a superior
officer as the accused is a Police Constable.
W.P.(C)23440/2010 is filed by the wife of that
Police Constable seeking a direction to
constitute a special team headed by the Senior
Officer of Crime Branch to carry out a fair and
W.P.(C)24321 & 23440 of 2010 2
impartial investigation. A statement is filed by
the Investigating officer in both the cases. From
the statement of the Investigating officer, it is
revealed that though the accused Police Constable
was suspended, he was not arrested. The progress
of the investigation reveals that the case is not
being properly investigated. In such
circumstances, considering the fact that the
suspected is a Police Constable and he is
absconding, which fact itself is being disputed by
the petitioner in W.P.(C)24321/2010, it is
absolutely necessary to transfer the investigation
to the Crime Branch so that the investigation could
be carried out by a superior officer not below the
rank of Dy.SP.
W.P.(C)24321/2010 is allowed directing the
third respondent to transfer the investigation of
Crime 433/2010 of Cherthala Police Station to CBCID
with instruction to investigate the case by a
competent officer not below the rank of a Dy.SP.
The investigation is to be conducted fairly and
W.P.(C)24321 & 23440 of 2010 3
expeditiously.
In view of the fact that W.P.(C) 23440/2010 is
filed by the wife of the suspected, it is
dismissed.
M.SASIDHARAN NAMBIAR
JUDGE
tpl/-
M.SASIDHARAN NAMBIAR, J.
———————
W.P.(C).NO. /06
———————
JUDGMENT
SEPTEMBER,2006