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Judgment
M. Sasidharan Nambiar, J.—This petition is filed under Article 226 of Constitution of India for a writ of mandamus directing respondents to order investigation of Crime No. 49/2010 of Kazhakkuttam Police Station by the Crime Branch contending that the case is not being properly investigated by the police. It is contended that even though the accused are available, they are not arrested.
Sub Inspector of Police, Kazhakkuttam, who is investigating the case, filed a statement showing the progress of the investigation. The statement shows that investigation reveals that accused 1 and 2, the husband and wife, forged documents in the name of the petitioner and registered them as genuine and later transferred the property to one George Varghese and relevant records were sent to Forensic Science Laboratory for getting expert opinion and only after getting the report, final report could be submitted.
As it was contended that accused, though available, are not being arrested, learned Government Pleader was directed to get instructions as to why the accused are not being arrested. Learned Government Pleader submitted that accused 1 and 2 had already appeared before the court and were released on bail. In such circumstances, the Investigating Officer cannot be find fault for not arresting accused 1 and 2. It is also reported that third accused is not in India. In such circumstances, non arrest of the accused is not a ground to transfer the investigation. Statement shows that investigation is proceeding in the proper direction. Therefore, it is not necessary to order investigation by the Crime Branch as sought for. It is made clear that Investigating Officer shall investigate the case properly and submit a final report without undue delay.
Petition is disposed.