Kerala High Court
J.Jacob Kallummodan vs State Of Kerala on 2 July, 2010
Author: V.Ramkumar
Bench: V.Ramkumar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 17556 of 2010(Q)
1. J.JACOB KALLUMMODAN,
... Petitioner
Vs
1. STATE OF KERALA, REP.BY THE
... Respondent
2. DIRECTOR GENERAL OF POLICE,
3. SUPERINTENDENT OF POLCIE,
4. DY.SUPERINTENDENT OF POLICE,
5. SUB INSPECTOR OF POLCIE
6. ALBIN BOSE/S.O.BOSS BERNARD,
7. VINOD CHERIAN, S/O.AANJALI CHERIAN,
8. MARLO,S/O.BALDWIN,IDAPPADAM VIAL,
9. TONY, S/O.GILBERT,
10. ROY.,S/O.CHARLEY JOSEPH, THOTTATHIL,
For Petitioner :SRI.S.RAJEEV
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice V.RAMKUMAR
Dated :02/07/2010
O R D E R
V.RAMKUMAR, J.
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W.P (C) No. 17556 OF 2010
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Dated this the 2nd day of July, 2010
JUDGMENT
Petitioner, who is the de facto complainant in Crime No.314/2010 of Sakthikulangara Police Station registered for offences punishable under Sections 143, 147, 148, 452, 294
(b), 324, 323, 427 and 307 read with 149 IPC, seeks a direction to the 2nd respondent, Director General of Police to entrust the investigation of the above case to the Crime Branch Police with a direction to supervise the investigation by a superior officer. According to the petitioner, at about 5.45 PM on 4.4.2010, respondents 6 to 10 trespassed into his house and assaulted him and his family members resulting in the Sakthikulangara police registering the above crime on his complaint. Since the investigation of the case by the local police was tardy and unsatisfactory, the petitioner moved the 2nd respondent, who forwarded the petitioner's complaint to the Dy.S.P, NRI Cell, Police Headquarters, Thiruvananthapuram. Ext.P7 report of the Dy.S.P indicates that the Circle Inspector of Police, Chavara was conducting the investigation in a partisan manner and recommends the W.P (C) No. 17556 OF 2010 : 2 : transfer of investigation from the Circle Inspector of Police, Chavara to any impartial and efficient Officer. The investigation was thereafter handed over to one Prasanna Kumar, Dy.S.P, Karunagapilly and he proceeded to the scene of occurrence at 4 PM on 14.4.2010 and prepared Ext.P8 scene mahazar. On the same day he submitted Ext.P9 report as per which a prominent accused person and some of the important offences were deleted. Ext.P9 report does not indicate any sort of investigation conducted by him so as to justify the said report.
2. The said Prasanna Kumar has filed a statement to the effect that the petitioner is involved in seven other cases and a counter case was also registered as Crime No.318/2010 under Section 324 IPC and that the investigation of the present case has been completed by him and that the offences revealed by the investigation conducted by him are only those punishable under Sections 294(b), 324, 427 and 451 read with 34 IPC as against respondents 6 to 9 herein. He has deleted the name of the 10th respondent herein from the party array. W.P (C) No. 17556 OF 2010 : 3 :
3. If Ext.P7 report of the Dy.S.P, NRI Cell, Police Head Quarters, Thiruvananthapuram is to be accepted, then the investigation conducted by the Circle Inspector of Police, Chavara was in a partisan manner. It was on the recommendation in Ext.P7 report that the investigation was handed over to the Dy.S.P, Karunagappilly, who however deleted the prominent accused person and some of the offences on the very same day on which he took over investigation and prepared scene mahazar at 4 P.M. Investigation of such an officer does not instill confidence in the mind of this court. Accordingly, investigation of the Crime No.314/2010 of the Sakthikulangara police station shall be handed over to the Crime Branch Police. The investigation files shall be handed over to the 2nd respondent, Director General of Police forthwith and the Director General of Police shall entrust the investigation with Crime Branch Police under the supervision of an officer of unquestionable integrity and investigative skills. The J.F.C.M, Sakthikulangara shall not proceed to take cognizance of the offences on the final report already submitted by Prasanna Kumar, Dy.S.P, Karunagapilly. W.P (C) No. 17556 OF 2010 : 4 : If cognizance has already been taken, the Magistrate shall stop all further proceedings and await the supplementary report to be submitted by the Crime Branch Police in due course.
V.RAMKUMAR, JUDGE dmb