High Court of KeralaWP(C)/24970/2015disposed of

A.Anil Kumar v. State Of Kerala

2015-08-18Honourable Mr. Justice Alexander Thomas5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS TUESDAY, THE 18TH DAY OF AUGUST 2015/27TH SRAVANA, 1937 WP(C).No. 24970 of 2015 (U) ---------------------------- PETITIONER :

-------------------------- A.ANIL KUMAR S/O. APPU, AGED 44 YEARS RESIDING AT PRIYA NIVAS, KAVINPURAM VILAPPIL VILLAGE, KATTAKADA TALUK, VILAPPILSALA P.O. TRIVANDRUM DISTRICT.

BY ADV. SRI.C.K.SREEJITH RESPONDENT(S) :

----------------------------

1. STATE OF KERALA REP. BY SECRETARY TO GOVERNMENT, HOME DEPARTMENT GOVERNMENT SECRETARIAT, TRIVANDRUM - 695 001.

2. CITY POLICE COMMISSIONER OFFICE OF CITY POLICE COMMISSIONER TRIVANDRUM - 695 001.

3. DIRECTOR GENERAL OF POLICE POLICE HEAD QUARTERS, TRIVANDRUM - 695 001.

4. ASSISTANT COMMISSIONER CONTONMENT TRIVANDRUM - 695 001.

5. SRI.SURESH KUMAR ASSISTANT COMMISSIONER CANTONMENT TRIVANDRUM - 695 001.

6. STATION HOUSE OFFICER MUSEUM POLICE STATION, TRIVANDRUM - 695 001.

R1 TO R4 & R6 BY GOVT. PLEADER SRI. RAJESH VIJAYAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Mn ...2/-

WP(C).No. 24970 of 2015 (U) ---------------------------------------- APPENDIX PETITIONERS' EXHIBITS :

------------------------------------- EXT. P1 - THE TRUE COPY OFTHE COMPLAINT FILED BEFORE THE JUDICIAL 1ST CLASS MAGISTRATE NO. III, TRIVANDRUM.

EXT. P2 - THE TRUE COPY OF THE FIR IN CRIME NO. 161/2015 REGISTERED BY THE MUSEUM POLICE STATION DT. 21.2.2015.

EXT. P3 - THE TRUE COPY OF THE NEWS REPROT PUBLISHED IN MATHRUBHUMI DAILY DT. 09.3.2015.

EXT. P4 - THE TRUE COPY OF THE NEWS REPORT PUBLISHED IN SUPREBHATHAM DAILY DT. 09.3.2015.

EXT. P5 - THE TRUE COPY OF THE COMPLAINT FILED BEFORE THE CITY POLICE COMMISSIONER.

EXT. P6 - THE TRUE COPY OF THE COMPLAINT FILED BEFORE THE DGP. RESPONDENT(S)' EXHIBITS : NIL ---------------------------------------------------------------- //TRUE COPY// P.A. TO JUDGE Mn

ALEXANDER THOMAS, J.

--------------------------------- --------------------------------- Dated this the 18th day of August, 2015

JUDGMENT

The prayers in this writ petition (civil) are as follows: "... to handover the investigation in Crime No.161/2015 to any other competent officer under 2nd respondent, pending disposal of the Writ Petition (Civil)."

Heard Sri. C.K. Sreejith, learned counsel for the petitioner and Sri. Rajesh Vijayan, learned public prosecutor for the respondent.

Sri. C.K. Sreejith, the learned counsel for the petitioner submits that petitioner would confine with a limited direction from this Court for a direction to the 2nd respondent, City Police Commissioner, Trivandrum to examine the grievances pointed out in Ext.P5 petition submitted by him and to take a decision thereon and request for entrust the matter for further investigation in this case to a different officer. 4.

In view of this limited prayer laid by the petitioner, it is ordered in the interest of justice that the 2nd respondent, City Police Commissioner, Trivandrum will take it for consideration

Ext.P5 petition (if it is still pending consideration) without any further delay and examine the grievances of the petitioner and take a decision thereon. In order to effectuate proper consideration of the grievances of the petitioner it is directed that the 2nd respondent, District City Police Commissioner will ensure that the entire case diary (CD files) in the crime is got examined by an officer not below the rank of Assistant Commissioner of Police and ascertain as to whether there has been any serious deficiencies in the investigation so far conducted or whether the investigation has been misdirected or not carried out properly or even whether the investigation (even if it does not suffer from any of the aspects mentioned above), still requires fine tuning so as to ensure the fair and proper conduct of the investigation.

After examining these aspects the City Police Commissioner will decide whether the further investigation of the case is to be entrusted to an officer who is superior in rank than the present investigating officer and take a decision thereon.

also appear to be fair and effective and should elicit confidence in the propriety and fairness of such investigation. The petitioner will also to be at about to file any additional petition/representation on his grievances and the representation may be produced along with certified copy of this judgment. The said representation should also be taken in to consideration by the 2nd respondent while taking the decision as afore stated. The 2nd respondent will ensure that decision is rendered as directed above within period of two weeks from the date of production of the certified copy of this judgment.

With these observations and directions this writ petition stands finally disposed of.

Sd/- ALEXANDER THOMAS JUDGE ww