Aneesh Kumar vs The Director General Of Police
2021 Latest Caselaw 5577 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                   THE HONOURABLE MR.JUSTICE V.G.ARUN

     TUESDAY, THE 16TH DAY OF FEBRUARY 2021 / 27TH MAGHA,1942

                        WP(C).No.2199 OF 2020(Y)


PETITIONER/S:

      1         ANEESH KUMAR
                AGED 34 YEARS
                S/O.KARTHIKEYAN, CHEPPLIMURIYIL HOUSE, UDUMBANCHOLA
                KARA, UDUMBANCHOLA VILLAGE, IDUKKI DISTRICT.

      2         AJAYAKUMAR,
                AGED 38 YEARS
                S/O.YASODHARAN, PUTHUSSERIL HOUSE, UDUMBANCHOLA KARA,
                UDUMBANCHOLA VILLAGE, IDUKKI DISTRICT.

      3         ABIN M.VARGHESE,
                AGED 29 YEARS
                S/O.THANKACHAN, MALANCHERUVIL HOUSE, KOOKALAR,
                UDUMBANCHOLA, UDUMBANCHOLA, IDUKKI DISTRICT.

      4         SEBIN M.VARGHESE,
                AGED 23 YEARS
                S/O.VARGHESE MATHEW, MALANCHERUVIL HOUSE, KOOKALAR,
                UDUMBANCHOLA, UDUMBANCHOLA, IDUKKI DISTRICT.

                BY ADV. SRI.BIJU .C. ABRAHAM

RESPONDENT/S:

      1         THE DIRECTOR GENERAL OF POLICE
                POLICE HEAD QUARTERS, THIRUVANANTHAPURAM-695001.

      2         THE DISTRICT POLICE CHIEF,
                IDUKKI DISTRICT, PAINAVU, IDUKKI-685603.

      3         THE SUPERINTENDENT OF POLICE CBCID,
                THODUPUZHA, IDUKKI DISTRICT-685603.

      4         JOBY K.J.,
                SUB INSPECTOR, UDUMBANCHOLA POLICE STATION, IDUKKI
                DISTRICT-685603.

      5         BIJU EMMANUEL,
                ASSISTANT SUB INSPECTOR, UDUMBANCHOLA POLICE STATION,
                IDUKKI DISTRICT-685603.
    WP(C).2199/2020              2

              R1-3 BY SRI.SUMAN CHAKRAVARTHY, SENIOR GOVT.PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27-01-2021, THE COURT ON 16.2.2021 DELIVERED THE FOLLOWING:
    WP(C).2199/2020                  3




                              V.G.ARUN, J.
               -----------------------------------------------
                      W.P(C).No. 2199 of 2020
               -----------------------------------------------
            Dated this the 16th day of February, 2021

                              JUDGMENT

Petitioners are accused Nos.1 to 4 in Crime No.1 of 2020,

registered at the Udumbanchola Police Station for offences punishable

under Sections 294(b), 332, 506(i) read with 34 of IPC. The crime is

registered on the allegation that, while the Sub Inspector of Police,

Udumbanchola was doing patrol duty, at about 12.30 a.m on 1.1.2020,

the accused were found behaving in an unruly manner on the public

road and creating nuisance to the public by bursting fire crackers on

the road. When the Police party warned them against causing nuisance

and asked them to stop bursting of fire crackers, the accused attacked

the Sub Inspector and caused injury to his right forearm. Initially, the

investigation was conducted by the Additional Sub Inspector of Police,

Udumbanchola. It was later transferred to the Inspector of Police

Santhanpara.

2. According to the petitioners, while they were peacefully

celebrating the New Year, the Police party led by the Sub Inspector

came to the place and started abusing and threatening them.

Thereafter, the Sub Inspector took the 1st petitioner into custody and

assaulted him, while taking him to the Police Station. The 2 nd petitioner

was taken into custody the next day, when he went to the Police

Station to enquire about the 1st petitioner. It is their case that the

actual incident can be verified by viewing the CCTV images at the

Police Station and the place of incident. It is alleged that, the

petitioners having complained about the excesses committed by the

Sub Inspector and other Policemen at the Udumbanchola Police

Station, they are inimical towards the petitioners and hence, the

investigation is not being conducted in a fair and proper manner. The

petitioners therefore require the investigation in Crime No.1 of 2020 of

the Udumbanchola Police Station to be handed over to the

Superintendent of Police, CBCID, Thodupuzha.

3. A statement has been filed on behalf of the District Police

Chief, Idukki. It is stated that the investigation was initially conducted

by the Additional Sub-Inspector of Police, Udumbanchola. Later, on the

basis of a petition filed by the accused, the investigation was

transferred to the Inspector of Police, Santhanpara Police Station and

thereafter to the Inspector of Police, Udumbanchola. Going by the

statement, the accused had obstructed the Sub Inspector of Police

from discharging duty and had assaulted him and the other Police

personnel. The accused had caused injury to his right forearm. It is

reported that investigation in the case is complete and charge sheet,

arraying the petitioners as accused Nos.1 to 4, filed on 18.12.2020.

4. Heard Sri.Biju C.Abraham, learned counsel for the petitioners

and Sri.Suman Chakravarthy, learned Senior Public Prosecutor.

5. The grievance of the petitioners is against respondents 4 and

5, i.e., the Sub Inspector and Assistant Sub Inspector of Police,

Udumbanchola Police Station, conducting investigation in Crime No.1

of 2020. That grievance is baseless since, the investigation was

conducted by the Inspectors of Police, Santhanpara and

Udumbanchola. Further, the investigation having been completed and

final report filed, the prayer for entrusting the investigation with the

third respondent has become infructuous. Therefore, the remedy, if

any, is to approach the jurisdictional Magistrate Court.

In the result, the writ petition is closed, leaving it open for the

petitioners to ventilate their grievance before the appropriate court.

Sd/-

V.G.ARUN, JUDGE

vgs

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE FIR IN CRIME NO.1/2020 OF UDUMBANCHOLA POLICE STATION.

EXHIBIT P2 TRUE COPY OF THE ORDER DATED 01.01.2020 IN CMP NO.20/2020.

EXHIBIT P3 TRUE COPY OF THE CANCELLATION OF BAIL APPLICATION FILED BY RESPONDENT NOS.4 & 5.

EXHIBIT P4 TRUE COPY OF THE SAID REPRESENTATION DATED 06.01.2020 SUBMITTED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT.