Binduamma. G vs State Of Kerala
2023 Latest Caselaw 9966 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
           THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
 MONDAY, THE 18TH DAY OF SEPTEMBER 2023 / 27TH BHADRA, 1945
                     WP(CRL.) NO. 667 OF 2023
PETITIONER:
          BINDUAMMA. G
          AGED 49 YEARS
          W/O P K MOHAN, MANALUMPURATHU HOUSE,
          LEKSHIMKOVIL P.O, PEERUMADU,
          IDUKKI DISTRICT, PIN - 685532
            BY ADV C.K.RADHAKRISHNAN (CHALIL)

RESPONDENTS:
    1     STATE OF KERALA
          REPRESENTED THROUGH THE HOME SECRETARY,
          GOVT. SECRETARIAT, THIRUVANANTHAPURAM,
          PIN - 695001
    2       THE STATE POLICE CHIEF
            VAZHUTHAKADU, THIRUVANANTHAPURAM,
            KERALA, PIN - 695010
    3       THE DISTRICT POLICE CHIEF
            IDUKKI, PIN - 685561
    4       DEPUTY SUPERINTENDENT OF POLICE
            PEERMADE, IDUKKI DISTRICT, PIN - 685531
    5       SUB-INSPECTOR OF POLICE
            PEERMADE, IDUKKI DISTRICT, PIN - 685531

PRESENT:

            SRI. HRITWICK C.S,    PP



     THIS    WRIT   PETITION   (CRIMINAL)   HAVING   COME   UP   FOR
ADMISSION ON 18.09.2023, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
 WP(CRL.) NO.667 OF 2023


                               2




            P.V.KUNHIKRISHNAN, J.
            --------------------------------
           WP(Crl.) No. 667 of 2023
     ----------------------------------------------
 Dated this the 18th day of September, 2023


                          JUDGMENT

The above Writ Petition (Crl.) is filed with the

following prayers.

"1. This Hon'ble Court may be pleased to issue appropriate writs, directions or orders to respondents 1 to 3, to assign the investigation of the crime to an another efficient police officer having a good track record.

OR This Hon'ble Court may be pleased to issue appropriate writs, directions or orders to the respondents 3 to 5, commanding them to conduct an efficient and proper investigation.

2. To issue any other appropriate writ, order or direction as this Hon'ble Court may deem fit in the appropriate stage.

3. Petitioner also prays that this Hon'ble Court may WP(CRL.) NO.667 OF 2023

be pleased to dispense with the translation of the documents produced in the Vernacular Language;"

2. It is the case of the petitioner that her aged

and ailing mother is missing from 15.04.2023. A

crime was registered on 15.04.2023 as Crime

No.297/2023 by the Peerumadu Police Station, Idukki.

Evennow, no investigation is conducted is the

grievance of the petitioner. The mother is aged 94

years.

3. Heard the learned counsel appearing for

the petitioner and the learned Public Prosecutor.

4. I perused the statement of facts submitted

by the Sub-Inspector of Police, Peerumadu about the

investigation conducted. After going through the

statement, I am of the considered opinion that a

senior officer should investigate this crime, who is not

below the rank of Deputy Superintendent of Police. WP(CRL.) NO.667 OF 2023

Therefore, this Writ Petition (Crl.) is disposed of

with the following directions;

i. The 3rd respondent is directed to

entrust the investigation in Crime No.297/2023

to a senior officer, not below the rank of Deputy

Superintendent of Police, within a period of two

weeks from the date of receipt of a copy of this

judgment.

ii. The new investigating officer will

conduct thorough investigation in this matter

and take appropriate steps, in accordance with

law.

Sd/-

P.V.KUNHIKRISHNAN nvj JUDGE WP(CRL.) NO.667 OF 2023

APPENDIX OF WP(CRL.) 667/2023

PETITIONER EXHIBITS EXHIBIT P1 THE TRUE COPY OF THE F.I.R IN CRIME NO. 297/2023, REGISTERED BY THE PEERUMADE POLICE STATION, IDUKKI

RESPONDENTS EXHIBITS :NIL

//TRUE COPY//

PA TO JUDGE