HALARUDHEEN Vs. DISTRICT POLICE CHIEF

JUDGEMENT

(1.) THIS writ petition is filed by the petitioners, who are the defacto -complainant and injured in Crime No.562/2013 of Edavanna police station for proper and effective investigation under Article 226 of the Constitution of India.

(2.) IT is alleged in the petition that, the petitioners were brutally attacked by Nizar Ahammed and others on 16.12.2013 and crime No.562/2013 was registered against Nizar and seven others. There were also twenty other identifiable persons involved in the crime. Though the crime was registered on 17.12.2013, only two accused were arrested and others were not arrested. No attempt was made on the part of the police to arrest other accused persons, who were also involved in this crime as well as in many other criminal cases and most of them were attending the police station for putting their signature in police station in connection with other crimes, as directed by the court while granting bail. Two of the accused persons in this case, namely, Jawahar Sadath and Abdul Azeez are very influential persons and having close association with political leaders. Jawahar Sadath being the son of a well known leader of Kerala Nathuvathul Mujahideen of Muslim community and Abdul Azeez himself being the Secretary of Indian Union Muslim League, Edavana Panchayath, and the police officers were helping them and they are trying to delete their names as well. Though the petitioner filed Ext.P5 and P6 complaint regarding these aspects, no effective steps were taken. So the petitioner has no other remedy, except to approach this court, seeking the following relief: i. issue a writ of mandamus or any other appropriate writ order or direction, directing the 1st respondent to take immediate and effective action against the culprits on the basis of Exts. P5 and P6 and also to take appropriate disciplinary and other actions against the police officers who are hand glove with the accused for not doing their duties properly; ii. issue such other reliefs which may deem fit and proper on the facts and circumstances of the case; and iii. allow this writ petition (civil) with costs.

(3.) ON the basis of the allegations in the petition, two statements were filed by the Sub Inspector of Police and the first statement, it was mentioned as follows: "1. The case in brief is that on 26.12.2013 at about 14.30 hrs while the petitioner namely Hlarudheen, S/o. Alavi, Peruvinkundu, Pathapiriyam and his friend Valeed, S/o. Usman Madani, Pathapiriyam was walking each other in front of Manu Memorial Hospital at Manjeri, Accused A1 to A6 (A1 Anvar, Sadath, S/o. Abdul Kareem, Ellikkal House, Pathapiraiyam. A2. Jawahar Sadath, S/o. Abdul Khadar Moulavi, Adathiparambil House, Pahapiriyam. A4 Sajad, S/o. Muhammed, Payyeri House, Pathapiriyam. A5, Farsana, D/o. Mouinkutty, Pullyparamban House, Pathapiriyam) reached at the place by a car bearing Reg.No.KL -10/AJ 7394 formed themselves into an unlawful assembly with deadly weapons like iron rod and attacked the complainant and his friend, caused injury and threatened to death. 2. It is submitted that, a complaint has been filed before the Hon'ble CJM Court, Manjeri by the complainant as CMP.295/2014 which was received from the court, sent as per 156(3) CRP.C a case has been registered at Manjeri police station as Cr.No.113/2014 U/s.143, 147, 148, 341, 323, 324, 506(ii) r/w. 149 IPC by ASI 2902 Yousuf. The investigation of the case has been entrusted to SCPO 3512 Balasubramanian and the case is being investigated. On perusal of the CD file, it is clear that already a case has been registered and being investigated at Manjeri police station as Cr.No.1358/2013 u/s. 143, 147, 148, 341, 324, 427, 354, 506(ii) r/w. 149 IPC on 27.12.2013 in which the complainant and his friend are A2 and A1 respectively. In this case A1 and A2 are arrested and was remanded. Now both are taken bail from the Hon'ble Session Court, Majeri. The reason behind the incident is difference in opinion between two fractions of Kerala Naduvathul Mujahideen, a muslim organization, originated from Pathapiriyam mahalu committee, at Edavanna police station limit, in which complainants and accused of both case are members. Similar cases has been registered at Edavanna police station also. The incident behind both cases is same. Crime No.113/2014 is th counter case to crime No.1358/2013, detailed investigation is needed to bring forth the truth, the process is going on. The investigation will be completed as early as possible".