The Court dismissed this writ petition by relying on Sakiri Vasu case law, directing petitioners to approach the Magistrate for further directions if the investigation was faulty, biased, or unsatisfactory.
The writ petition is dismissed with a direction to approach the Magistrate for appropriate orders.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE V.RAMKUMAR
FRIDAY, THE 11TH JUNE 2010 / 21ST JYAISTHA 1932
WP(C).No. 15423 of 2010(Q)
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PETITIONER(S):
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1. P.NARAYANAN, AGED 58 (EX. MLA) LAKSHMINARAYANIYIL HOUSE NADUVILA VILLAGE,VAIKKOM.
2. ANILKUMAR AGED 34 S/O.P.NARAYANAN, LAKSHMINARAYANIYIL HOUSE NADUVILA VILLAGE, VAIKKOM NOW RESIDING AT THEVARA MATTUMMEL SUDHARMA ROAD, MOOLAMANNIL WEST HIGHER FLAT W3 APARTMENT.
BY ADV. SRI.C.P.UDAYABHANU
RESPONDENT(S):
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1. STATE OF KERALA, REPRESENTED BY THE D.G.OF POLICE, POLICE HEADQUARTERS, THIRUVANANTHAPURAM.
2. ASST.COMMISSIONER OF POLICE THRIKKAKKARA.
3. C.I.OF POLICE HILL PALACE, TRIPUNITHURA.
4. S.I.OF POLICE , E.T. SOUTH POLICE STATION, ERNAKULAM.
GOVERNMENT PLEADER MR. C.S. HRITWIK
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
V.RAMKUMAR, J.
W.P.(C).No.15423 of 2010
Dated this the 11th day of June, 2010
JUDGMENT
In this writ petition filed under Article 226 of the Constitution of India the petitioners seek a direction to entrust the investigation of Crime No.432/2010 of Ernakulam Town South Police Station with a senior and competent officer.
W.P.(C)No.15423/2010
: 2 :
approach the learned Magistrate for further directions, in case investigation conducted by the local police has been faulty, biased and unsatisfactory. The decision of the Apex Court in Sakiri Vasu Vs. State of Punjab (2008(1) KLT 724 (SC) has held that it is the Magistrate who is to be approached for appropriate directions in the matter and for further investigation. Without prejudice to the right of the petitioners to move the Magistrate for appropriate orders this writ petition is dismissed.
V.RAMKUMAR, JUDGE
skj
1 issue framed by the court
Whether the writ petition seeking direction for entrusting investigation of Crime No. 432/2010 to a senior competent officer should be allowed.
Colour shows how this judgement treated each authority
Sakiri Vasu Vs. State of PunjabFollowed¶26
Sakiri Vasu Vs. State of Punjab (2008(1) KLT 724 (SC)
1 provisions across 1 enactments
P. Narayanan, Anil Kumar
State of Kerala, represented by D.G. of Police
Asst. Commissioner of Police, Thrissur
C.I. of Police, Hill Palace
S.I. of Police, E.T. South Police Station, Ernakulam
V. RAMKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
