IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 20545 of 2009(Q)
1. SUDHEER,S/O.SATHYAPALAN,
... Petitioner
Vs
1. THE DIRECTOR GENERAL OF POLICE,
... Respondent
2. THE INSPECTOR GENERAL OF POLICE,
3. THE DEPUTY SUPERINTENDENT OF POLICE,
4. K.B.JEEVANANDAN,
5. J.KURIAKOSE,FORMER SUB INSPECTOR OF
For Petitioner :SRI.ANIL K.MOHAMMED
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :21/01/2010
O R D E R
M.SASIDHARAN NAMBIAR,J.
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W.P.C.NO.20545 OF 2009
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Dated 21st January 2010
JUDGMENT
Petition is filed under Article
226 of Constitution of India for a writ of
mandamus commanding first respondent,
Director General of Police to change
investigation officer in crime Nos.824/2008
and 290/2009 of Vadakkekara police station
and to entrust the investigation of the
cases to a superior police officer above
the rank of DIG. Learned counsel appearing
for the petitioner submitted that under
the Right to Information Act, petitioner
obtained copy of the proceedings of the
first respondent in order No.D2/108809/2009
dated 16/12/2009 whereunder first
respondent has directed Additional Director
Wpc 20545/09
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General of Police (Crimes) to take over
investigation of crime No.824/2008 and crime
No.290/2009.
2. Learned Government Pleader made
available the proceedings of the Additional
Director General of Police, Thiruvananthapuram
pursuant to the proceedings issued by the
Director General of Police dated 16/12/2009.
Said proceedings is dated 19/12/2009. As per
the said proceedings crime No.824/2008 has been
transferred to CBCID with immediate effect and
re-numbered as crime No.267/CR/EKM/09 of Crime
Branch Police Station and Superintendent of
Police CBCID, Ernakulam is directed to take
over investigation forthwith. There is also a
direction to Superintendent of Police,
Ernakulam, Rural to hand over the case diary,
MOs and other records to the Superintendent of
Police, CBCID, Ernakulam. Pursuant to said
Wpc 20545/09
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direction it is for the Superintendent of
Police to investigate crime No.824/2008. Though
order does not show that crime No.290/2009 also
is to be investigated by Superintendent of
Police, CBCID, as per proceedings dated
16/12/2009 Director General of Police directed
the Additional Director General of Police
(Crimes) to take over the investigation of that
case also. Hence Superintendent of Police,
CBCID, Ernakulam is also to investigate crime
No.290/2009. In view of the apprehension
expressed by the petitioner that investigation
conducted by Deputy Superintendent of Police
will not be fair and proper in view of the
proximity of the third respondent who has so
far been investigating the case, it is made
clear that it is for the Superintendent of
Police CBCID to investigate the case as
directed by the Additional Director General of
Wpc 20545/09
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Police, Thiruvananthapuram as per order dated
19/12/2009 and not to hand over investigation
to any subordinate officer.
Writ petition is disposed recording
that first respondent has already directed
Additional Director General of Police (Crimes)
to take over investigation of crime No.824/2008
and 290/2009 and Additional Director General of
Police (Crimes) is directed Superintendent of
Police, CBCID to take over investigation of
crime No.824/2008. The said Superintendent of
Police shall also take over investigation of
Crime No.290/2009 and shall conduct proper and
fair investigation.
Petition is disposed.
M.SASIDHARAN NAMBIAR,
JUDGE.
uj.