C.K. SUDHEER Vs. STATE POLICE CHIEF

JUDGEMENT

(1.) THIS writ petition is filed by the petitioner, who is the defacto complainant in Crime No.3309/2013 of Perumbavoor police station for a proper investigation of that case under Article 226 of the Constitution of India.

(2.) IT is alleged in the petition that petitioner is the defacto complainant in Crime No.3309/2013 of Perumbavoor police station. He is the Secretary of Vallomchoondy Poura Samithy. Accused 1 to 3 in Crime No.3309/2013 of Perumbavoor police station have proposed to conduct a gum manufacturing unit in the name and style of M/s.A.P.K. Polymers at Vaikom. The owners of the unit constructed a building and fixed machineries for starting that unit. The people near the proposed company formed an action council to oppose the starting of the above said company. The petitioner and other members of the Poura Samithy conducted an agitation opposing the starting of the company in that place. On 19.11.2013 at about 1 p.m, the owners of the A.P.K. Polymers namely A.A. Sakkeer, A.A. Salam,. A.A. Rasheed and ten others trespassed into the stage constructed for the purpose of strike and attacked the petitioner and 5 others with dangerous weapons and the petitioner and others including ladies sustained serious injuries and they were admitted in Government Hospital, Perumbavoor. On the basis of the statement given by the petitioner, Crime No.3309/2013 was registered by Perumbavoor police against Salam, Rafeeq, Sakeer, Shamsad, Siyad and also 7 identifiable persons and a counter case was also registered against the petitioner and ten others as Crime No.3310/2013 due to political and financial influence of the owners of PAK Polymers. The 4th respondent did not take any action to include the above 7 identifiable persons as accused in the crime though the petitioner has furnished their names to him. He has not conducted any proper investigation. So the petitioner has no other remedy except to approach this Court seeking the following relief: For the reasons stated in the accompanying affidavit and writ petition it is most humbly prayed that this Honourable Court may be pleased to direct the respondents to entrust the investigation of Crime of Perumbavoor Police Station to the Superior officer not below the rank of Superintendent of Police, pending disposal of the above writ petition'.

(3.) ON the basis of the allegations in the petition, the third respondent earlier filed a statement which reads as follows: "1. Brief of the case is that the accused persons are running a gum company named "APK" at Vallam near Perumbavoor. The complainant and others built a shed in front of the company and conducting strike against the gum company alleging pollution issues. Due to that enmity the accused persons unlawfully assembled with deadly weapons like iron rods, iron chains etc, entered into the shed and attempted to murder by assaulting them with the iron rod etc, causing grievous injury to the complainant and others and also made a loss of Rs.3,000/ - to the complainant. 2. In this connection the injured were admitted at Taluk Head Quarters Hospital and a case in Cr.3309/13 under Section 143, 147, 148, 307, 323, 427 r/w 149 IPC was registered by the Sub Inspector of police, Perumbavoor after recording the statement of the injured. Since the case is grave in nature the investigation is handed over to the Inspector of Police, Perumbavoor on the same day. 3. Another counter case was registered at Perumbavoor police station as Cr.3310/13 under Sections 143, 147, 148 307, 447, 427, 323, 324 r/w 49 IPC against the complainants and others in Cr.3309/13 of Perumbavoor police station. This case is also investigated by the Inspector of Police, Perumbavoor.