High Court Kerala High Court

Syed @ Saithali Haji vs S.P.Palakkad on 14 July, 2008

Kerala High Court
Syed @ Saithali Haji vs S.P.Palakkad on 14 July, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 17746 of 2008(K)


1. SYED @ SAITHALI HAJI, AGED 49 YEARS
                      ...  Petitioner
2. ABDUL RAHIMAN, S/O.KUNJAVU, KURUVAKULAM
3. KUNHI KOYA THANGAL, S/O.B.KUNHIBEEVI, OC
4. IMBICHI KOYA THANGAL, S/O.ATTA BEEVI, PE

                        Vs


1. S.P.PALAKKAD
                       ...       Respondent

                For Petitioner  :SRI.RAJIT

                For Respondent  : No Appearance

The Hon'ble MR. Justice R.BASANT

 Dated :14/07/2008

 O R D E R
                              R.BASANT, J
                      ------------------------------------
                     W.P(C). No.17746 of 2008
                      -------------------------------------
                Dated this the 14th day of July, 2008

                               JUDGMENT

Petitioners, 4 in number, are accused 1 to 4 in a crime

registered as Crime No.91 of 2007 of Chalissery Police Station.

Investigation into that crime is now complete and a final report

has already been filed on the basis of that final report.

Cognizance has been taken and C.C.No.5 of 2008 has been

registered before the Judicial Magistrate of the First Class,

Pattambi. This crime, it is submitted, is an offshoot of a civil

litigation between rival contestants about a jaram in the locality.

The defacto complainant and the accused belong to two rival

groups, which have been litigating before the civil courts in

respect of rights regarding the said jaram. The

petitioners/accused have a definite case that the Assistant Sub

Inspector of the local Police Station, the C.I of police having

jurisdiction and the Dy.S.P having jurisdiction over the area have

all colluded together to foist a false case against the petitioners

and to file a charge sheet against them. A complaint was raised

before the Superintendent of Police and the Superintendent of

Police had directed a senior official – Dy.S.P, Narcotic Cells,

W.P(C). No.17746 of 2008 2

Palakkad to conduct an enquiry into the conduct of investigating

officers in respect of the investigation in this crime. Accordingly

such an enquiry has been conducted by the Dy.S.P, Narcotic Cell,

Palakkad and he had submitted Ext.P3 report before the

Superintendent of Police. The Superintendent of Police thereafter

had allegedly directed the Dy.S.P, Shoranur to conduct a further

investigation. Accordingly report was submitted before the

learned Magistrate and further investigation under Section 173(8)

Cr.P.C is pending. The petitioners now have received notice from

the said Investigating Officer, ie. the Dy.S.P, Shoranur, one

Mr.Ramachandran by name.

2. The petitioners had come to this Court with a grievance

that the further investigation had not even commenced. But it

was during the pendency of this Writ Petition that they received

notice from the Investigating Officer to appear before him. The

petitioners submit that interests of justice will not be served if the

said officer – Sri.Ramachandran, Dy.S.P, Shoranur were himself to

conduct investigation into the crime. It is pointed out that in

Ext.P3 report, reference is made to the presence of the said

Dy.S.P at the police station when the crime was registered. In

these circumstances investigation by the said officer may not

satisfy the interests of justice, it is pointed out.

W.P(C). No.17746 of 2008 3

3. Notice was given to the learned Government Pleader .

The learned Government Pleader submits that the investigation is

in progress. The learned Government Pleader submits that there

is absolutely no necessity now to change the Investigating Officer.

There is no sufficient ground made out for any change of the

officer conducting the further investigation now, submits the

learned Government Pleader.

4. Having considered all the relevant circumstances, I am

persuaded to agree that the interests of justice will be served

better and justice will seem to have been done better if further

investigation were conducted by an official other than the official

in respect of whom allegations have been raised by the

petitioners. I am, in these circumstances, satisfied that

appropriate directions can be issued.

5. In the result, this Writ Petition is allowed in part. It is

directed that the 1st respondent must forthwith ensure that further

investigation in Crime No.91 of 2007 of Chalissery Police Station is

conducted by any police official of and above the rank of a Dy.S.P,

but not Sri.C.K.Ramachandran, who is functioning as the Dy.S.P,

Shoranur. Investigation can now be conducted by any Dy.S.P to

be specified by the 1st respondent – not the Dy.S.P who submitted

Ext.P3 report or the Dy.S.P, Shoranur-Sri.C.K.Ramachandran.

W.P(C). No.17746 of 2008 4

Necessary directions in this regard shall be issued within a period

of one month from this date.

6. Hand over a copy of this judgment to the learned

Government Pleader straightaway. Action taken shall be

intimated to the Court and the petitioners herein also.

(R.BASANT, JUDGE)
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