IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 35429 of 2007(P)
1. C.SOMAN, LALA NIVAS, PACHALLOOR,
... Petitioner
Vs
1. THE DIRECTOR GENERAL OF POLICE,
... Respondent
2. THE COMMISSIONER OF POLICE,
3. ASSISTANT COMMISSIONER OF POLICE,
4. CIRCLE INSPECTOR OF POLICE,
For Petitioner :SRI.PIRAPPANCODE V.S.SUDHIR
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice R.BASANT
Dated :12/02/2008
O R D E R
R.BASANT, J.
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W.P.C.No.35429 of 2007
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Dated this the 12th day of February 2008
J U D G M E N T
The petitioner is the first accused and he faces allegations
in a crime registered under the Immoral Traffic Prevention Act.
He is arrayed as the first accused. Altogether there are four
accused persons. The other accused are the employees of the
petitioner herein. While investigation in that case was being
conducted by the fourth respondent – the Circle Inspector of
Police of Vizhinjam, who had registered the crime, the petitioner
lodged a complaint before the Director General of Police. He
complained that the fourth respondent is interested in falsely
implicating him and at the instance of some others who are ill-
disposed to the petitioner because of business interest, such a
crime has been registered and the petitioner has been falsely
implicated. The first respondent, the Director General of Police,
on that application directed the third respondent, the Assistant
Commissioner of Police to enquire into the matter. He
conducted an enquiry and came to the conclusion and reported
W.P.C.No.35429/07 2
to the first respondent his conclusions. On the basis of such
report, the first respondent has now decided that further
investigation should not be conducted by the fourth respondent;
but instead, the same must be conducted by another Circle
Inspector of Police namely the Circle Inspector of Police, Pettah.
Such officer is now conducting the investigation. Investigation is
not complete. Final report has not been filed.
2. The petitioner has come to this court, while the
enquiry by the third respondent was pending, with the grievance
that attempt has now been made not to give due regard to the
enquiry conducted by the third respondent and an attempt was
being made to still continue the prosecution against the
petitioner. Respondents were directed to file a statement.
Statement has been filed. It is now reported that the Circle
Inspector of Police, Pettah is continuing the investigation as
directed by the first respondent. The petitioner’s grievance that
the fourth respondent is not conducting a proper investigation
was considered by the first respondent and directions have been
issued to the Circle Inspector of Police, Pettah to conduct the
investigation now. That decision was taken by the first
W.P.C.No.35429/07 3
respondent obviously on the report which he had secured after
enquiry by the third respondent.
3. Investigation by the C.I, Pettah, the present
investigating officer, is going on, I am of the opinion that no
further directions can or need be issued by this court at this
stage. The present investigating officer, I need only observe,
must complete the investigation as expeditiously as possible and
file an appropriate final report after such investigation.
4. This writ petition is dismissed with the above
observations.
(R.BASANT, JUDGE)
jsr
// True Copy// PA to Judge
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W.P.C.No.35429/07 5
R.BASANT, J.
CRL.M.CNo.
ORDER
21ST DAY OF MAY2007