Kerala High Court
V. Vijayakumar vs State Of Kerala on 8 December, 2023
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
WP(C) NO. 36732 OF 2023 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 8TH DAY OF DECEMBER 2023 / 17TH AGRAHAYANA, 1945
WP(C) NO. 36732 OF 2023
CRIME NO.539/2023 OF Kottayi Police Station, Palakkad
PETITIONER/S:
V. VIJAYAKUMAR
AGED 73 YEARS
S/O LATE APPU NAIR PANANGATTUVEETTIL, KOTTAYI
PARUTHIPULLY, PALAKKAD., PIN - 678572
BY ADVS.
S.SANTHOSH KUMAR
BABY SUJATHA
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY TO
GOVERNMENT, HOME DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM., PIN - 695001
2 THE DIRECTOR GENERAL OF POLICE
POLICE HEAD QUARTERS, VELLAYAMBALAM,
THIRUVANANTHAPURAM, PIN - 695010
3 THE DISTRICT POLICE CHIEF
NURANI,PALAKKAD., PIN - 678001
4 DEPUTY SUPERINTENDENT OF POLICE
DISTRICT CRIME BRANCH, NURANI, PALAKKAD, PIN -
678001
5 THE STATION HOUSE OFFICER
KOTTAYI POLICE STATION,PALAKKAD, PIN - 678572
OTHER PRESENT:
WP(C) NO. 36732 OF 2023 2
SRI S SAJJU, PP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 08.12.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 36732 OF 2023 3
P.V.KUNHIKRISHNAN, J
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W.P.(C.) No.36732 of 2023
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Dated this the 8th day of December, 2023
JUDGMENT
This Writ Petition (C) is filed with following prayers :
(i) To issue a writ of mandamus or any other appropriate writ
or order directing the respondents 1 to 3 to transfer the
investigation in Crime No. 539/2023 of Kottayi Police Station,
Palakkad district to the 4th respondent Crime Branch or to a
superior police officer in the district.
(ii) To issue such other appropriate writ, order or directions as
this Hon'ble Court may deem just and proper to issue in the
circumstances of the case." [SIC]
2. The main prayer in this writ petition is to issue
direction to respondent Nos. 1 to 3 to transfer the
investigation in Crime No. 539/2023 of Kottayi Police Station
to the 4th respondent, Crime Branch. The grievance of the
petitioner is that one of the accused in the above crime is a
retired Police Officer and the petitioner apprehend that the
investigation will not be conducted in a proper manner. This
Court directed the Public Prosecutor to get instructions. The
Public Prosecutor submitted that the investigation is now
conducted by the 5th respondent, SHO, Kottayi Police Station.
After hearing the counsel for the petitioner for some time and
also going through the facts and circumstances of this case, I
am of the considered opinion that the investigation is to be
conducted by an officer not below the rank of the
Dy.Superintendent of Police. There can be a direction to the
3rd respondent to appoint an officer not below the rank of
Dy.Superintendent of Police to investigate the matter.
Therefore, this Writ Petition is disposed of with the
following directions :
1) The 3rd respondent will entrust the investigation in Crime
No. 539/2023 of Kottayi Police Station to a senior officer
not below the rank of Dy.Superintendent of Police within
two weeks from the date of receipt of a certified copy of
this order.
2) The new investigating officer will complete the
investigation as expeditiously as possible.
3) The petitioner will produce a certified copy of this
judgment before the 3rd respondent for compliance.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
APPENDIX OF WP(C) 36732/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE COMPLAINT DATED NIL
FILED BY THE WORKERS OF THE PETITIONER
BEFORE THE 5TH RESPONDENT
Exhibit P2 TRUE COPY OF THE COMPLAINT DATED
03/07/2023 FILED BY THE PETITIONER BEFORE
THE 3RD RESPONDENT
Exhibit P3 TRUE COPY OF THE PRIVATE COMPLAINT DATED
11/08/2023 IN CMP NO. 3483/23 OF JFMC-1
PALAKKAD
Exhibit P4 TRUE COPY OF THE FIR IN CRIME NO:
539/2023 OF KOTTAYI POLICE STATION,
PALAKKAD DISTRICT
