High Court Kerala High Court

E.Vinod Kumar vs The Director General Of Police on 21 March, 2007

Kerala High Court
E.Vinod Kumar vs The Director General Of Police on 21 March, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 7801 of 2007(D)


1. E.VINOD KUMAR, S/O. JANARDHANAN NAIR,
                      ...  Petitioner

                        Vs



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

2. THE STATION HOUSE OFFICER,

3. THE MANAGER,

4. M/S. SOBHA TEXTILES,

5. SRI. U.V.ABDUL RAHIMAN,

                For Petitioner  :SRI.K.RAMAKUMAR

                For Respondent  : No Appearance

The Hon'ble MR. Justice R.BASANT

 Dated :21/03/2007

 O R D E R
                                 R.BASANT, J.

                              ----------------------

                          W.P.C.No.7801 of 2007

                        ----------------------------------------

                 Dated this the 21st day of March  2007




                                 JUDGMENT

The petitioner is a stranger and claims to be a dutiful

citizen. He has come to this court to complain to this court that

his complaint Ext.P2 submitted to the Director General of Police

has not been duly taken note of and no action has been taken in

pursuance of the same.

2. Ext.P2 relates to an instance of fire in Sobha Textiles,

Kanhangad. According to the petitioner, it was a case of fire

brought out by the persons concerned to justify the staking of a

false claim before the insurance company. Public money was

attempted to be frittered away and therefore the petitioner

wants a proper investigation to be conducted into that instance

of fire. As his complaint Ext.P2 did not yield any tangible result,

he has come to this court for directions under Section 482 Cr.P.C

and Article 226 of the Constitution.

3. Notice was given and the learned Public Prosecutor

has entered appearance for respondents 1 and 2. No notice was

ordered to other three respondents.

W.P.C.No.7801/07 2

4. The learned Public Prosecutor, after taking

instructions, submits that a crime has been registered as crime

No.370 of 2005 of Hosdurg police station under the caption “fire

occurrence”. Investigation is in progress. The learned Public

Prosecutor submits that considering the nature and significance

of the case, the Director General of Police has already directed

that Circle Inspector of Police, Hosdurg must conduct the

investigation and the investigation is being conducted by him

now. The learned Public Prosecutor again submits that the

investigating officer, in the course of investigation, has also

perceived the possibility of the fire not being accidental and that

aspect is receiving the attention of the investigator. No separate

crime can or need be registered on the basis of Ext.P2 as a crime

has already been registered and the specific aspect pointed out

by the petitioner in Ext.P2 is receiving the attention of the

investigating officer. The expert of the third respondent/United

India Insurance Company has also conducted an investigation

and there are conflicting views about the nature of the cause of

fire. The investigating officer is applying his mind to all the

relevant circumstances. Expert opinion has also been sought.

W.P.C.No.7801/07 3

The needful shall be done and the petitioner need not apprehend

that this aspect of the matter will not receive careful and

cautious attention of the investigator, submits the learned Public

Prosecutor.

5. I am, in these circumstances, satisfied that no further

directions need be issued. I expect the investigating officer to

conduct a thorough and efficient investigation. It can also be

observed that the result of the investigation shall be

communicated to the petitioner by the investigator. Needless to

say, the petitioner shall be at liberty to place such material he

has in his possession before the investigator.

This writ petition is in these circumstances dismissed.

(R.BASANT, JUDGE)

jsr

// True Copy//

PA to Judge

W.P.C.No.7801/07 4

W.P.C.No.7801/07 5

R.BASANT, J

C.R.R.P.No.

ORDER

21ST DAY OF JULY 2006