M.K.Sanjeev vs State Of Kerala on 13 November, 2019

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Kerala High Court

M.K.Sanjeev vs State Of Kerala on 13 November, 2019

Bench: Ashok Menon

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                 THE HONOURABLE MR. JUSTICE ASHOK MENON

  WEDNESDAY, THE 13TH DAY OF NOVEMBER 2019 / 22ND KARTHIKA, 1941

                       WP(C).No.26641 OF 2019(E)


PETITIONER/S:

                M.K.SANJEEV
                AGED 54 YEARS
                S/O.KESAVAN, MULACKAL HOUYSE, EAST KORATTY,
                CHIRANGARA, TRISSUR DIST., PRINCIPAL, CHAITHANYA
                PUBLIC SCHOOL, CHALAKUDY TALUK DIST

                BY ADVS.
                SRI.P.N.SUKUMARAN
                SRI.AKHIL S.VISHNU

RESPONDENT/S:

      1         STATE OF KERALA
                REPRESENTED BY THE SECRETARY TO HOME, SECRETARIAT,
                THIRUVANANTHAPURAM-695001

      2         DIRECTOR GENERAL OF POLICE
                POLICE HEAD QUARTERS, THIRUVANANTHAPURAM-695001

      3         ADDITIONAL DIRECTOR GENERAL OF POLICE,
                CRIMES CB CID, ENCHAKKAL, THIRUVANANTHAPURAM-695001

      4         INSPECTOR GENEAL OF POLICE,
                TRISSUR RANGE-680001

      5         ASSISTANT COMMISSIONER OF POLICE,
                TRISSUR CITY-680001

      6         SUPERINTENDENT OF POLICE
                CB, CID, THRISSUR-680001



OTHER PRESENT:

                SRI. C.S. HRITHWIK SR PP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.11.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.26641 OF 2019(E)          2




                                JUDGMENT

The petitioner seeks a writ of Mandamus to direct respondents 1 to 4 to initiate legal action on Ext.P5 complaint lodged by him and to conduct investigation against the culprits by registering a crime based on Ext.P5 complaint. He also wants respondents 2 and 3 to appoint a superior police officer to conduct an effective investigation on Ext.P5 complaint.

2. Heard learned Public Prosecutor.

3. The complaint has to be inquired in accordance with the hierarchy in the police department. The petitioner can definitely not to choose that this case has to be inquired into by a superior officer. Any competent police officer is authorised to conduct inquiry in a criminal complaint. In the instant case, the petitioner has filed Ext.P5 complaint and it is submitted by the learned Public Prosecutor that inquiry is going on.

I find that there is no latches on the part of the police authorities in inquiring the complaint so far. Hence the need of appointing a superior police officer to conduct the investigation at this stage is out of question. The investigation shall continue WP(C).No.26641 OF 2019(E) 3 on Ext.P5 complaint and the police authorities are directed to complete the inquiry and investigation within a period of two months.

With these observations, the writ petition is disposed of.

SD/-


                                             ASHOK MENON
    rmm                                          JUDGE
 WP(C).No.26641 OF 2019(E)      4


                            APPENDIX
    PETITIONER'S/S EXHIBITS:

    EXHIBIT P1         TRUE COPY OF THE ORDER PASSED IN

CRL.M.C.NO.382/2016 OF SESSIONS COURT, THRISSUR EXHIBIT P2 TRUE COPY OF THE ORDER PASSED IN CRL.M.C.NO.527/2016 OF SESSIONS COURT, THRISSUR EXHIBIT P3 TRUE COPY OF THE ORDER PASSED IN CRL.M.C.NO.7062/2016, DATED 20.01.2017 EXHIBIT P4 TRUE COPY OF THE COMPLAINT DATED 2.02.2017 LODGED BEFORE THE DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM EXHIBIT P5 TRUE COPY OF THE COMPLAINT DATED 19.07.2017 LODGED BY THE PETITIONER BEFORE THE 2ND RESPONDENT

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