Patheyi vs The State of Kerala and Others

V. Ramkumar, J.—Petitioner, who is the de facto complainant in Crime No. 263/2010 of Feroke Police Station, seeks a direction to respondent Nos. 1 and 2 (ie; The State of Kerala and The Director General of Police) to hand over the investigation of the above crime to an impartial officer of proven record or to the Crime Branch. According to the petitioner, the five persons referred to in Ext.P1 private complaint and Ext. P2 FIR, had committed offences punishable under Sections 143, 147, 323, 324, 427, 452 and 506 read with 149 IPC. Since the police initially did not register a crime, the petitioner had to file Ext.P1 complaint before the J.F.C.M Court-I, Kozhikkode and the same was got forwarded to the Feroke Police Station u/s 156(3) Cr.P.C. and that was how Ext. P2 FIR was registered. The petitioner would have it that, due to the local political influences the police are inert and no meaningful investigation has been conducted in the above Crime. Even though the petitioner moved the 2nd respondent, the Director General of Police, the 3rd respondent, the Additional Director General of Police and the 5th respondent Commissioner of Police, Kozhikkode as per Ext. P3 and Ext. P4 representations there has been no progress in the investigation. Hence this writ petition.

After the decision of the Apex Court in Sakkiri Vasu v. State of Uttar Pradesh 2008 (1) KLT (724) SC, it is the Magistrate who is to be approached for proper monitoring of the investigation. In case the petitioner is able to convince that the investigation is not proceeding on proper lines, the Magistrate has got the power to entrust the investigation with a higher Officer including the Crime Branch (See also the decision in Minu Kumari and Another Vs. The State of Bihar and Others, . Accordingly, this writ petition is disposed of permitting the petitioner to move the J.F.C.M Court-V, Kozhikkode for appropriate reliefs with regard to the investigation of the above crime.