SUBRAHAMNNIAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This writ petition has been filed by the petitioners seeking for a direction to be given to the respondents to constitute a special team to conduct investigation in Crime No. 617/2014 of Kodanad police station under Article 226 of the Constitution of India.

(2.) It is alleged in the petition that the petitioners are husband and wife. The first petitioner is working as a driver in Kerala State Road Transport Corporation, Perumbavoor. On 8.5.2014 at about 3 p.m., one Reji and his father attacked the petitioners with knife and the 1st petitioner sustained injury on his head and the 2nd petitioner sustained injury on her abdomen. Both the petitioners and the accused are neighbours. After the incident, the petitioners were taken to the Taluk Head Quarters Hospital, Perumbavoor. The accused persons are active workers of the ruling party and they are financially very sound. Because of that, the police is not properly conducting the investigation. Though a case was registered as Crime No. 617/2014 of Kodanad police station, they have only shown minor offences under Sections 341, 323 and 324 reed with Sections 34 of the Indian Penal Code. Further, the 2nd respondent lost her thali weighing one gram, but no offence has been incorporated on that aspect. In fact, more grave offences have been committed. So, unless the investigation is conducted by a team of officers, they cannot get the real persons involved in the case. So the petitioners have no other remedy except to approach this Court seeking the following reliefs:

(3.) The second respondent has filed a statement stating that on the basis of the statement given by the first petitioner, Crime No. 617/2014 of Kodanad police station was registered alleging the offences under Sections 341, 323 and 324 read with Section 34 of the Indian Penal Code and after investigation, final report has been filed on 17.5.2014. In that case, accused were arrested on 15.5.2014 and they were released on bail. Further, on the basis of the statement given by the second respondent in that case, a counter case was registered as Crime No. 649/2014 of the same police station against the petitioners and one Mohanan alleging offences under Sections 341, 323 and 324 read with Section 34 of the Indian Penal Code and after investigation, final report was filed in that case also on 28.5.2014. Though the petitioners had a case that in the writ petition the offence under Section 307 of the Indian Penal Code was committed and the thaly of the second petitioner was lost in the incident, they have no such a case at the time of investigation. Further, no offence under Section 307 is attracted on the basis of the evidence available. So that section need not be incorporated. They have completed investigation in both the cases properly and submitted final report before court. So according to them, the petitioners are not entitled to get the reliefs.