Ramesh Babu v. District Police Chief

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA FRIDAY, THE 4TH DAY OF SEPTEMBER 2015/13RD BHADRA, 1937 WP(C).No. 20390 of 2015 (W) ---------------------------- PETITIONER :

------------------ RAMESH BABU, AGED 48 YEARS, S/O. RAVINDRAN NAIR, RESIDING AT VENGOOR HOUSE, LAKHASSERRY MURI, CHENGANNUR, ALAPUZHA DISTRICT PIN - 689 121 BY ADV. SRI.K.N.RADHAKRISHNAN(THIRUVALLA) RESPONDENTS :

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1. DISTRICT POLICE CHIEF, ALAPUZHA DISTRICT, ALAPPUZHA PIN-688001

2. DEPUTY SUPERINTENDENT OF POLICE DCRB ALAPPUZHA DISTRICT, PIN-688001

3. SUB INSPECTOR OF POLICE, CHENGANNUR POLICE STATION, ALAPPUZHA DISTRICT PIN-688001 R1 TO R3 BY GOVERNMENT PLEADER SMT. SAREENA GEORGE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 20390 of 2015 (W) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1:

COPY OF INFORMATION ISSUED FROM THE OFFICE OF DY.S.P. CHENGANNUR DATED 24.9.2013.

EXT.P2:

COPY OF THE FIR IN CRIME NO.1085/2014 OF CHENGANNUR POLICE STATION DATED 28.5.2014.

EXT.P3:

COPY REPRESENTATION SUBMITTED BEFORE THE STATE POLICE CHIEF, KERALA DATED 29/5/2014.

RESPONDENT(S)' EXHIBITS :

NIL.

//TRUE COPY// P.A. TO JUDGE bp

B.KEMAL PASHA, J.

================ W.P.(C) No. 20390 of 2015 ======================= Dated this the 4th day of September, 2015

J U D G M E N T

The request is to hand over the investigation of Crime No.1085/2014 of the Chengannoor Police Station, to the 2nd respondent, who is the Deputy Superintendent of Police (D.C.R.B), Alappuzha District. But it seems that presently the 2nd respondent has issued reply dated 21.07.2015 to the petitioner stating that he has gone through the investigation conducted by the present Investigating Officer and could note down, deficiencies and irregularities in the investigation and therefore, he has requested the District Police Chief to hand over the investigation to any other Dy.S.P.

2. When the 2nd respondent could note down, irregularities and deficiencies in the investigation conducted by the present Investigating Officer, it seems that the request forwarded by the petitioner can only be

W.P.(C) No. 20390 of 2015 granted. The continued investigation shall be conducted by the 2nd respondent herein.

In the result, this writ petition is allowed and the present Investigating Officer is directed to hand over all the records relating to the matter to the 2nd respondent, who is the Deputy Superintendent of Police, D.C.R.B, Alappuzha. The 2nd respondent shall continue the investigation and file the final report expeditiously.

Sd/- B.KEMAL PASHA, JUDGE stu