Subrahamnnian vs The State of Kerala

K. Ramakrishnan, J.—This writ petition has been filed by the petitioners seeking for a direction to be given to the respondents to constitute a special team to conduct investigation in Crime No. 617/2014 of Kodanad police station under Article 226 of the Constitution of India.

It is alleged in the petition that the petitioners are husband and wife. The first petitioner is working as a driver in Kerala State Road Transport Corporation, Perumbavoor. On 8.5.2014 at about 3 p.m., one Reji and his father attacked the petitioners with knife and the 1st petitioner sustained injury on his head and the 2nd petitioner sustained injury on her abdomen. Both the petitioners and the accused are neighbours. After the incident, the petitioners were taken to the Taluk Head Quarters Hospital, Perumbavoor. The accused persons are active workers of the ruling party and they are financially very sound. Because of that, the police is not properly conducting the investigation. Though a case was registered as Crime No. 617/2014 of Kodanad police station, they have only shown minor offences under Sections 341, 323 and 324 reed with Sections 34 of the Indian Penal Code. Further, the 2nd respondent lost her thali weighing one gram, but no offence has been incorporated on that aspect. In fact, more grave offences have been committed. So, unless the investigation is conducted by a team of officers, they cannot get the real persons involved in the case. So the petitioners have no other remedy except to approach this Court seeking the following reliefs:

i. issue a writ of mandamus or such writ, order of direction commanding the 4th respondent to entrust the investigation in Crime No. 617/2014/2013 of Kodanad police station to any special team under the supervision of 4th respondent.

ii. Grant such other writ, order or direction as this Hon''ble Court may deem fit and proper in the facts and circumstances of the case.

The second respondent has filed a statement stating that on the basis of the statement given by the first petitioner, Crime No. 617/2014 of Kodanad police station was registered alleging the offences under Sections 341, 323 and 324 read with Section 34 of the Indian Penal Code and after investigation, final report has been filed on 17.5.2014. In that case, accused were arrested on 15.5.2014 and they were released on bail. Further, on the basis of the statement given by the second respondent in that case, a counter case was registered as Crime No. 649/2014 of the same police station against the petitioners and one Mohanan alleging offences under Sections 341, 323 and 324 read with Section 34 of the Indian Penal Code and after investigation, final report was filed in that case also on 28.5.2014. Though the petitioners had a case that in the writ petition the offence under Section 307 of the Indian Penal Code was committed and the thaly of the second petitioner was lost in the incident, they have no such a case at the time of investigation. Further, no offence under Section 307 is attracted on the basis of the evidence available. So that section need not be incorporated. They have completed investigation in both the cases properly and submitted final report before court. So according to them, the petitioners are not entitled to get the reliefs.

Heard the counsel for the petitioners and the learned Public Prosecutor.

The counsel for the petitioners submitted that on account of the political influence of the accused persons, no proper investigation was conducted and only minor offence has been incorporated to enable them to get bail. Though offences under Sections 307, 354 and robbery were committed, those sections were not incorporated in order to help the accused. So it is necessary that further investigation will have to be conducted in this case.

On the other hand, the learned Public Prosecutor appearing for the respondents submitted that proper investigation has been conducted and case and counter case have been registered in respect of the incident and after investigation, final report has already been filed.

It is an admitted fact that on the basis of the statement given by the 1st petitioner, Crime No. 617/2014 of Kodanad police station was registered against the accused persons in that case alleging offences under Sections 323, 324 and 341 read with Section 34 of the Indian penal Code. It is also seen from the statement filed by the second respondent that on the basis of the statement given by the second accused in the case, another crime was registered as Crime No. 649/2014 of the same police station against the present petitioners and one Mohanan alleging offences under Sections 341, 323 and 324 read with Section 34 of the Indian Penal Code and after investigation, in both the cases final reports have been filed. According to the respondents, they have conducted a proper investigation. The case of the petitioners was that more grave offences like 307, 354 and robbery were committed, but none of those offences were incorporated on account of the influence exerted by the accused in that case. Since investigating officer after completing the investigation has already filed final report, the petitioners have got remedy under the Code to file a private complaint against the accused persons incorporating grave offences, which according to them, have been committed by them and the Magistrate can conduct proper enquiry on the same and pass appropriate orders in the complaint.

So, under the circumstances, this Court feels that there is no necessity to direct the respondent to conduct the investigation by a special team as the investigation has already been completed and final reports have been filed in the case and counter case of the respondents. Leaving open the right of the petitioners to approach the Magistrate court for appropriate relief to get their grievance redressed, this petition is disposed of.