IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 10553 of 2010(Q)
1. VASUDEVAN,S/O.KUNJIKRISHNAN,RADHA BHAVAN
... Petitioner
Vs
1. DIRECTOR GENERAL OF POLICE,KERALA
... Respondent
2. THE SUPERINTENDENT OF POLICE(RURAL),
3. DEPUTY SUPERINTENDENT OF POLICE(ADM),
4. DEPUTY SUPERINTENDENT OF POLICE,
5. THE CIRCLE INSPECTOR OF POLICE,
6. THE SUB INSPECTOR OF POLICE,
7. THE A.I.G.P(PUBLIC GRIEVANCE)KERALA,
For Petitioner :SRI.LIJU. M.P
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
Dated :04/06/2010
O R D E R
V.RAMKUMAR, J.
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W.P.(C)No.10553 of 2010
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Dated this the 4th day of June, 2010
ORDER
Petitioner who is the father of accused Nos.1 and 2
in Crime No.19/07 of Kadinamkulam Police Station
registered for an offence punishable under Sections 324,
354 & 427 read with Section 34 I.P.C. inter alia seeks to
entrust the investigation of the said case with a special
investigation team comprising of Police Officers other
than respondents 4 to 6 (DYSP, DCRB,
Thiruvananthapuram, C.I. of Police, Kazhakoottam and
S.I. of Police, Kadinamkulam) and to monitor the
investigation.
2. The learned Public Prosecutor on instructions
submitted that the case was originally investigated by the
sixth respondent SI of Police, Kadinamkulam Police
Station and as per the orders of Superintendent of Police
(Rural), Thiruvananthapuram the investigation was
handed over to DYSP, DCRB, Thiruvananthapuram and
after conclusion of investigation the said officer has
W.P.(C).No.10553/2010
: 2 :
already laid the charge before the Judicial Magistrate of
the First Class, Attingal where the case has been
registered as C.C.No.763/2009.
3. When the investigation was concluded one year
ago and the offence has been taken cognizance of by the
Magistrate, the remedy of the petitioner is either to seeks
further investigation under Section 173(8) of Code of
Criminal Procedure by filing appropriate petition before
the Magistrate. He cannot straight away approach this
Court and seek directions. Without prejudice to the right
of the petitioner to move the Magistrate in terms of
Sakiri Vasu Vs. State of UP 2008(1)KLT 724(SC)
and Kunga Nima Lepcha & others Vs. State of
Sikkim & others 2010 (4) SCC 513, this Writ Petition
is dismissed.
V.RAMKUMAR, JUDGE
skj