Testamol vs State Of Kerala And Ors

This writ petition is filed with the following prayers:

A. Issue a writ of mandamus directing the respondents to conduct an effective Investigation in the said crime and arrest the accused and to proceed

the law in motion.

B. issue a writ of mandamus directing the first respondent to consider Exhibit P2 representation. C. Pass such any other order, relief or direction as

this Hon'ble court may deem fit in the interest of justice, equity and good conscience.

The grievance of the petitioner is that the investigation in Crime No.321/2021 of Kundara Police Station is not going in a proper manner. The

counsel submitted that a change of the investigating officer is necessary in the facts and circumstances of the case. Several facts are narrated in the

writ petition.

Heard the learned Public Prosecutor also.

After hearing both sides, I think this writ petition can be disposed of directing the 3rd respondent to summon the case diary in Crime No.321/2021 of

Kundara Police Station and peruse the same and if necessary appoint a new investigating officer in accordance with law. Therefore, this writ petition

is disposed of with the following directions:

i) The 3rd respondent will summon the case diary in crime No.321/2021 of Kundara Police Station within two weeks from the date of receipt of a

copy of this judgment.

ii) The 3rd respondent or an authorised officer deputed by him will peruse the same and find out whether the investigation of the case is going in a

proper manner.

iii) If there is any irregularity in the investigation, the 3rd respondent will depute a senior officer to investigate the Crime No.321/2021. The decision

taken by the 3rd respondent will be communicated to the petitioner within one month.

With these directions this writ petition is disposed of.