Kunhimon vs The Director General Of Police on 19 November, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 29447 of 2008(E)


1. KUNHIMON, S/O.APPU, CHEMMANOOR HOUSE,
                      ...  Petitioner

                        Vs



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

2. SUPERINTENDENT OF POLICE,

3. DEPUTY SUPERINTENDENT OF POLICE,

                For Petitioner  :SRI.RAJIT

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble MR. Justice R.BASANT

 Dated :19/11/2008

 O R D E R
                            R. BASANT, J.
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                  W.P.C.No. 29447 of 2008 E
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           Dated this the 19th day of November, 2008

                             JUDGMENT

The learned Govt. Pleader, after taking instructions from

the Investigating Officer, submits that the Investigating Officer

after having considered all circumstances and after discussion

with the Govt. Pleader now realises the need to conduct a further

investigation in the matter. He has not been able to take further

steps in view of the interim order of stay passed by this Court.

Needful shall be done to get the further investigation conducted

under Section 173(8) Cr.P.C. forthwith. The writ petition may,

in these circumstances, be closed accepting the submission of the

Investigating Officer that further investigation shall forthwith be

conducted under Section 173(8) Cr.P.C., submits the learned

Prosecutor.

2. The learned counsel for the petitioner submits that if

such proper further investigation shall be conducted, the

petitioner does not want to seek any further direction. But it is

W.P.C.No. 29447 of 2008
2

submitted that considering the nature and circumstances of the case, a

senior police official – second respondent herein – may be directed to

monitor and supervise such further investigation to be conducted by

the third respondent. I am satisfied that directions to that effect can be

issued.

3. This Writ Petition is allowed in part. The submission of the

learned Govt. Pleader on behalf of the third respondent that the third

respondent shall take steps forthwith to get a further investigation

conducted under Section 173(8) Cr.P.C. is accepted. There shall be a

direction to the second respondent to monitor the further investigation

and to ensure that the further final report after further investigation

under Section 173(8) Cr.P.C. is filed before Court only with the

specific approval of the second respondent.

4. Issue copy to the learned Govt. Pleader.

(R. BASANT)
Judge
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