HAMZAKUTTY Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS writ petition is filed by the petitioner, seeking direction to the respondents for investigation in Ext.P8 complaint, filed by the petitioner under Article 226 of the Constitution of India.

(2.) IT is alleged in the petition that, from Ext.P5, though the police and accused say that, stolen articles were sold to shops in Puthanathani near Valancherry and Puthanangadi near Perinthalmanna, large quantity of goods were taken from the shops of the petitioner without any reason, alleged to have been stolen by three criminals for a period of several years, on the alleged confession of them in all undetected cases. In fact, in the case of gold merchants, for recovery guidelines were issued, which are applicable to any other recovery as well. When resisted, petitioner is threatened with implication in Crime invoking Section 411 of the Indian penal Code. The petitioner has requested the Home Secretary for a detailed enquiry into the matter by constituting a special investigation agency. But no action has been taken on the same. So the petitioner has no other remedy, except to approach this court, seeking the following reliefs: i. issue a writ of mandamus or any other appropriate writ, order or direction, directing the 1st respondent to constitute a special investigation team and make and enquiry in to the matter stated in Ext.P8. ii. issue a writ of mandamus or any other appropriate writ, order or direction, directing the 1st respondent to give a specific and positive direction to the respondents 2 to 7 not to harass the petitioner; and iii. to issue such other directions or orders as this Hon'ble court may deem fit and proper in the nature and circumstances of the case.

(3.) AS directed by this court, the Director General of Police and Additional Director General of Police (Law and Order), North Zone, Kozhikode were impleaded as per order in I.A.No.8350/2014 and they were also appeared though learned Government Pleader. As directed by this court, the Sub Inspector of Police, Kottackal police station informed the Government Pleader, in which it is mentioned and also produced a letter received from Additional Director General of police stating that, direction has been issued to the Inspector General of Police, Thrissur Range and District Police Chief, Malappuram and Palakkad and that, they have no objection in constituting a special team for investigation of the cases at range level/zonal level in respect of the complaint filed by the petitioner. When this was pointed out, the counsel for the petitioner submitted that, since there are allegations against the Sub Inspector, he need not be included in the team. So the petition is disposed of as follows: The Additional 9th respondent is directed to constitute a Special Team as undertaken by them in the Zonal level, excluding the police officers against whom allegations were made in the investigation team and conduct the investigation regarding the petition filed by the present petitioner and take appropriate action on the same. With the above direction and observation, the petition is disposed of.