IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 18821 of 2010(Q)
1. PADMAVAATHY,AGED 65 YEARS,
... Petitioner
Vs
1. SUB INSPECTOR OF POLICE,
... Respondent
2. CIRCLE INSPECTOR OF POLICE,EDAPPALLY,
3. THE ASSISTANT COMMISSIONER OF POLICE,
For Petitioner :SRI.C.ANILKUMAR (KALLESSERIL)
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
Dated :19/07/2010
O R D E R
V.RAMKUMAR, J.
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W.P(C) No.18821 of 2010
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Dated this the 19th day of July, 2010
J U D G M E N T
Petitioner, who is the widow of one Velayudhan seeks a
direction to the respondents ie; the Sub Inspector of Police,
Cochin City Traffic Police Station, Edappally, the Circle
Inspector of Police of the said Police Station and the Assistant
Commissioner of Police, City Traffic Police Station, Ernakulam
to conduct proper investigation and submit a final report at
the earliest after submitting periodical progress report and in
the alternative to hand over the investigation of Crime
No.9883/2009 to the Assistant Commissioner of Police, City
Traffic Police Station, Ernakulam.
2. The petitioner is a 65 year old woman stated to be
hailing from a poor family. On 31.10.2009 at about 6.30 p.m,
the petitioner’s husband Velayudhan met with a traffic
accident and sustained fatal injuries to which he succumbed
on the spot itself. The accident occurred near his house at the
time when he was about to cross the road. The vehicle
involved in the accident is a Pulsor bike having Registration
No.KL-7/BK/7626. The Registered owner of the said vehicle is
W.P(C) No.18821 of 2010
: 2 :
one Biju Antony, Kunnikkadu House, H.No.48/1290,
Elamakkara. Even though the 1st respondent registered the
above crime for offences punishable under Sections 279 and
304A read with 134 (a) and (b) read with 177 of the Motor
Vehicle Act 1988, the grievance of the petitioner is that no
headway has been made in the investigation.
3. In the light of the decision of the Apex Court in
Sakkiri Vasu v. State of Uttar Pradesh 2008 (1) KLT
(724) SC, the remedy of the petitioner is to move the J.F.C.M
Court-II, Aluva, which is the Magistrate concerned. In case the
petitioner files an application before the Magistrate, the same
shall be considered to find out whether the investigation is
proceedings on proper lines and if not the Magistrate shall give
direction for proper investigation of the case and if necessary,
entrust the investigation with the 3rd respondent, Assistant
Commissioner of Police, City Traffic Police Station,
Ernakulam. Reserving the above right of the petitioner, this
writ petition is disposed of.
V.RAMKUMAR, JUDGE
dmb