IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 12392 of 2007(A)
1. MATHEW VARGHESE, S/O.VARGHESE,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
2. K.S.MOHANAN NAIR,
3. THE CIRCLE INSPECTOR OF POLICE,
For Petitioner :SMT.P.M.SWAYAM PRABHA
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :05/06/2007
O R D E R
R.BASANT, J.
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W.P.C.No.12392 of 2007
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Dated this the 5th day of June 2007
JUDGMENT
On the petitioner’s complaint of an alleged theft on
19/03/2007 of a vehicle (bus), an F.I.R has been registered on
20/04/2007. Investigation is pending. The petitioner has come
to this court complaining that a petition for search and recovery
of the vehicle filed by him, has not been disposed of by the
learned Magistrate. Report of the learned Magistrate was called
for. The report shows that no such petition has been filed. The
petitioner is unable to furnish any better information about such
a petition filed.
2. Be that as it may, the petitioner has a further
grievance that the police is not taking proper action on the
complaint filed by him. Though F.I.R has been registered as
early as in 20/04/2007, no attempt has been made to trace the
vehicle, it is submitted. Whether the petitioner had filed such an
application for search and recovery before the learned
Magistrate or not, the duty of the investigating officer to
W.P.C.No.12392/07 2
conduct a proper investigation and to search and recover the
vehicle continues and survives, submits the learned counsel for
the petitioner.
3. I find merit in that submission. The learned Public
Prosecutor was requested to take instructions about the nature
of the attempt made to trace the vehicle and to conduct a proper
investigation. I am not satisfied that sufficient and satisfactory
attempts have been made to properly investigate the crime
registered on 20/4/2007. However, I accept the submissions of
the learned Public Prosecutor that the needful shall be done and
a proper and sufficient investigation shall be conducted by the
investigating officer . If necessary, steps shall be taken to trace
and seize the vehicle and report the action taken. At this early
stage of investigation, I do not find any necessity to issue any
direction to transfer the investigation. However, I am satisfied
that the investigating officer need to conduct a proper and
efficient investigation which, in the facts and circumstances of
this case, would saddle him with the responsibility of tracing the
vehicle also.
W.P.C.No.12392/07 3
4. In the result, this writ petition is dismissed, accepting
the submission of the learned Public Prosecutor that a proper
and meaningful investigation shall be expeditiously conducted. I
may, however, hasten to observe that if, within sixty days, proper
investigation is not conducted and final report is not filed, the
petitioner’s right to move this court again shall remain
unfettered.
(R.BASANT, JUDGE)
jsr
// True Copy// PA to Judge
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W.P.C.No.12392/07 5
R.BASANT, J.
CRL.M.CNo.
ORDER
21ST DAY OF MAY2007