LAWS(KER)-2013-1-29

SANJAY KUMAR Vs. DEPUTY SUPERINTENDENT OF POLICE, CBCID

Decided On January 04, 2013
SANJAY KUMAR Appellant
V/S
Deputy Superintendent Of Police, Cbcid Respondents

JUDGEMENT

(1.) THIS writ petition is filed by the petitioner seeking for a direction commanding the respondents to complete the investigation within a reasonable time that may be fixed by this Court. The 2nd prayer is to direct the respondents to release the room which was kept locked in the name of investigation to the petitioner.

(2.) IT is the case of the petitioner that the deceased one Smt.Gomathy Ammal who was staying in the petitioner's building was found missing. According to the petitioner, the date on which she was found missing is 12.04.2004. In connection with various subsequent investigations in the matter, the petitioner had occasion to approach this Court earlier by filing W.P.(C) No.454/2011 which was disposed of by Ext.P1 judgment. Therein, the direction sought was to the respondents to release custody of the building bearing T.C.No.38/649 to the petitioner so as to enable him to possess and enjoy the said building. This Court, after recording the submission of the learned Public Prosecutor that the Police took custody of the building in connection with the investigation, made it clear that after the investigation is over, it is open to the petitioner to move for appropriate relief before the learned Magistrate concerned where the First Information Report was filed. It was also directed therein that the investigating agency shall complete the investigation as early as possible.

(3.) THE grievance raised in the present writ petition appears to be that the 1st respondent is harassing the petitioner under the guise of the investigation. It is stated that he was arrested in connection with the crime and was detained in prison for three months. It is also stated by the learned counsel for the petitioner that finally the petitioner was granted bail in Bail Application No.4619/2012 by this Court by order dated 12.07.2012 on certain conditions. According to the learned counsel for the petitioner, the investigation is not proceeding and there is undue delay in the matter.