Kerala High Court
Rajkumar vs The Director General Of Police on 14 August, 2014
Author: K.Ramakrishnan
Bench: K.Ramakrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN
THURSDAY, THE 14TH DAY OF AUGUST 2014/23RD SRAVANA, 1936
WP(C).No. 14610 of 2014 (A)
----------------------------
PETITIONER :
------------------
RAJKUMAR, AGED 44 YEARS,
S/O THANKAPPAN, BINOY COTTAGE, ARUVAMCODE
INCHIVILA, PARASSALA P.O., THIRUVANANTHAPURAM
BY ADV. SRI.SHAJIN S.HAMEED
RESPONDENTS :
-----------------------
1. THE DIRECTOR GENERAL OF POLICE,
KERALA POLICE HEAD QUARTERS,
THIRUVANANTHAPURAM, PIN CODE - 695 001.
2. THE SUPERINTENDENT OF POLICE,
THIRUVANANTHAPURAM (RURAL), KOWDIAR,
THIRUVANANTHAPURAM, PIN CODE - 695 003.
3. THE DEPUTY SUPERINTENDENT OF POLICE,
NEYYATTINKARA, THIRUVANANTHAPURAM DISTRICT
PIN CODE - 695 021.
4. THE INSPECTOR OF POLICE,
PARASSALA CIRCLE, THIRUVANANTHAPURAM
PINCODE - 695 502.
5. THE SUB INSPECTOR OF POLICE,
PARASSALA POLICE STATION,
THIRUVANATHAPURAM, PINCODE - 695 502.
R1 TO R5 BY GOVERNMENT PLEADER SMT.S. HYMA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 14-08-2014, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
BP
WP(C).No. 14610 of 2014 (A)
----------------------------
APPENDIX
PETITIONER(S)' EXHIBITS
-------------------------------------
EXHIBIT P1 : PHOTOCOPY O THE FIR IN CRIME NO.551/2014 OF PARASSALA POLICE
STATION
EXHIBIT P2 : PHOTOCOPY OF THE REPRESENTATION SUBMITTED BY THE
PETITIONER BEFORE THE 2ND RESPONDENT
RESPONDENT(S)' EXHIBITS : NIL.
//TRUE COPY//
P.A. TO JUDGE
BP
K. RAMAKRISHNAN, J.
--------------------------------------------------------------------------------
W.P.(C).No.14610 of 2014
------------------------------------------------------------------------
Dated this the 14th day of August, 2014
J U D G M E N T
This writ petition is filed by the petitioner, who is the defacto-complainant in Crime No.551/2014 of Parassala police station, for issuing direction to the respondents to conduct proper investigation under Article 226 and 227 of the Constitution of India.
2. t is alleged in the petition that, the petitioner is the defacto-complainant in Crime No.551/2014 of Parassala police station, which was registered on the basis of the statement given by the petitioner against two accused persons, alleging offences under Section 294(b), 323, 324, 427, 447 read with Section 34 of the Indian Penal Code. Though the crime was registered, the police was not conducting proper investigation, as both the accused are active members and office bearers of the congress party and they are most notorious in the locality and they will not permit any one to begin any new establishment in that area W.P.(C).14610/2014 2 without their consent and permission. In fact, even in this case on 05.05.2014, the first accused took away the advertisement board of the establishment of the petitioner and when the petitioner questioned the same, on 09.05.2014 at 9.30 a.m., both the accused trespassed into the compound of the shop of the petitioner and attacked him and inflicted injuries to him. Due to the influence of the accused persons, the police are not properly conducting the investigation. The policemen belonging to the office of the 5th respondent are threatening the petitioner as well. No final report has been filed in this case, in spite of Ext.P2 representation given. So the petitioner has no other remedy, except to approach this court, seeking the following relief:
(a) issue a writ of mandamus or order or direction directing the 1st respondent to hand over the investigation in Crime No.551/2014 of Parassala Police station to 4th respondent or any other higher officer.
(b) issue a writ of mandamus or order or direction directing the 2nd respondent to monitor the investigation in Crime No.551/2014 of Parassala police station.
(c) issue a writ of mandamus or order or direction directing the 5th respondent to complete the investigation in Crime No.551/2014 of Parassala police station W.P.(C).14610/2014 3 expeditiously.
(d) such other writ, direction or order this Hon'ble court deem fit and proper for the circumstances in this case.
3. On the basis of the allegations in the petition, as directed by this court, the 5th respondent has filed a statement, which reads as follows:
1. The above writ petition is filed by Sri. Rajkumar, who is the complainant in Crime No.551/14 of Parassala police station. The prayer of the petitioner is to hand over the investigation of the said case to the Inspector of police Parassala or any other higher officer.
2. The brief of the case is that the petitioner is running a weigh bridge at Inchivila and A1 is running a Motor workshop near to the said weigh bridge. On 09.05.2014, there occurred a group clash between the petitioner and the accused persons at Inchivila in connection with the missing of two flex boards erected in front of the said weigh bridge by the petitioner. In the incident both the petitioner and the A1 sustained injury and were underwent treatment at Govt.Hospital, Parassala.
3. Regarding the incident two cases were registered at Parassala police station on 17.05.2014.
Crime 551/14 U/s.447, 294(b), 323, 324, 427 & 34 IPC was registered on the basis of the statement of the petitioner in the W.P.(C) and Crime 552/14 U/s. 294(b), 323, 506(ii) IPC was registered on the basis of the statement of Palraj (First accused in Crime 551/2014). Both cases are being investigating by me.
4. The weapon used in Crime 551/14 is also recovered and produced before the Hon'ble court.
5. The investigation of both the cases was almost completed and pending for want of wound certificate. It requires one month time for completing the investigation and filing final report.
W.P.(C).14610/2014 4
4. On the basis of the statement filed by the 5th respondent, a report has been called for from the Judicial First Class Magistrate Court-II, Neyyattinkara, and the learned magistrate has sent a report, which reads as follows:
"In obedience to above made reference it is most humbly submitted that in Crime No.551/2014 of Parassala police station final report was filed and it is taken on file as CC 1673/2014 of this court on 5.8.2014. The case stands posted to 09.01.2015 for return of summons. The offences alleged against the accused, two in number, are offences punishable u/ss 294(b), 323, 324, 427 & 34 IPC".
In the report, it was mentioned that, final report has been filed in Crime No.551/2014 of Parassala police station and it was taken on file as C.C.No.1673/2014 on 05.08.2014 against the accused persons two in number, alleging offences under Section 294(b), 323, 324, 427 and Section 34 of the Indian Penal Code. When this was pointed out to the counsel for the petitioner, the counsel for the petitioner submitted that, the above facts may be recorded and the petition be disposed of. Accordingly, the report of W.P.(C).14610/2014 5 the 5th respondent and also the report received from the Judicial First Class Magistrate Court-II, Neyyattinkara, are recorded and the writ petition is disposed of accordingly.
Sd/-
K. RAMAKRISHNAN, JUDGE / True Copy// P.A. to Judge ss