High Court Kerala High Court

Mahesh @ Kochukuttan vs The Director General Of Police on 7 December, 2010

Kerala High Court
Mahesh @ Kochukuttan vs The Director General Of Police on 7 December, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 29262 of 2010(Q)


1. MAHESH @ KOCHUKUTTAN,AGED 27 YEARS,
                      ...  Petitioner

                        Vs



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

2. THE DEPUTY POLICE COMMISSIONER

3. THE ASSISTANT POLICE COMMISSIONER,

4. THE CIRCLE INSPECTOR OF POLICE,

5. THE SUB INSPECTOR OF POLICE,

                For Petitioner  :SRI.S.JAYAKRISHNAN

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :07/12/2010

 O R D E R
            M.SASIDHARAN NAMBIAR,J.
          ===========================
          W.P.(C).No. 29262   OF 2010
          ===========================

    Dated this the 7th day of December,2010

                   JUDGMENT

Petition is filed under Article 226 of the

Constitution of India for a writ of mandamus

directing first respondent to entrust the

investigation of Crime 242/2010 of

Vattiyoorkavu Police Station to a superior

officer not below the rank of Superintendent of

Police and also for a direction to consider and

pass orders on Ext.P6 representation seeking

fair investigation and action against officers

who are not fairly investigating the case.

Petitioner the accused contended that though he

is an accused the case was originally

registered under section 354 of Indian Penal

Code, based on the statement given by the de

facto complainant and subsequently an offence

under section 376 of Indian Penal Code was

W.P.(C)29262/2010 2

incorporated and the case is not being fairly

investigated.

2. The Assistant Commissioner of Police,

Narcotic Cell, Thiruvananthapuram filed an

affidavit showing the progress of the

investigation.

3. Learned counsel appearing for the

petitioner and learned Public Prosecutor were

heard.

4. Learned Public Prosecutor made available a

certified copy of the statement of the victim

recorded under section 164 of Code of Criminal

Procedure by the learned Magistrate which discloses

an offence under section 376 of Indian Penal Code.

It is also clear that the case is being

investigated properly by the Assistant Commissioner

of Police.

5. In such circumstances, I do not find any

reason to give any direction as sought for. In any

case, as Ext.P6 representation is submitted to the

first respondent, first respondent is directed to

W.P.(C)29262/2010 3

consider Ext.P6 representation and pass appropriate

orders in accordance with law.

Petition is disposed.

M.SASIDHARAN NAMBIAR
JUDGE
tpl/-

M.SASIDHARAN NAMBIAR, J.

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W.P.(C).NO. /06

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JUDGMENT

SEPTEMBER,2006