SUNIL KUMAR Vs. SUB-INSPECTOR OF POLICE

JUDGEMENT

(1.) THIS writ petition is filed by the petitioners, seeking the intervention of this court, to issue directions to the first respondent to conduct proper investigation under Article 226 of the Constitution of India.

(2.) IT is alleged in the petition that, the first petitioner is aged 38 years and he is residing with his mother and wife in the house. On 09.12.2011, the petitioner was attacked by one Sudheesh, the 4th respondent herein along with his gang and he was admitted in the Government hospital Perinjanam and Mathilakam police arrested the first petitioner from Government Hospital Perinjanam and he was produced before the Judicial First Class Magistrate Court Kodungallur on 12.12.2011, and the learned magistrate has directed the police to get the first petitioner examined by a government doctor at Kodungallur hospital. But the police refused to produce the first petitioner before the government doctor. The police registered a crime against the petitioner, alleging offence under Section 308 along with his brother and no case was registered against the 4th respondent and his gang, who attacked the petitioner. The first petitioner's brother's house was also attacked by the same gang and the first petitioner's brother's wife by name Nimmy and her mother - in -law were injured, but the police took the case only incorporating minor offences against the persons who attacked the 2nd petitioner and her house. They have not conducted any proper investigation. In fact, the assailants have criminally trespassed into the house of the 2nd petitioner at the midnight and attacked the ladies, who were sleeping. Though the petitioner filed complaint, it is of no use. 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, commanding the 3rd respondent to entrust the any other police officer superior to the 1st respondent to reinvestigate the incident in which the 1st petitioner was injured and 2nd petitioner's house was destructed; and ii. Grant such other reliefs as this Hon'ble Court deems fit and proper in the circumstances of the case.

(3.) ON the basis of the allegations in the petition, a report has been called for from the first respondent and the first respondent filed a statement, which reads as follows: "1. The prayer in the WPC is to direct the 3rd respondent DGP to entrust any other officer superior to the 1st respondent Sub Inspector, Mathilakam police station to reinvestigate the incident in which the 1st petitioner was injured and 2nd petitioner's house was destructed. With regard to them, it is humbly submitted that a crime had been registered as Crime No.1476/2011 under Section 447, 427, 323, 506(1) and 34 IPC. On the above incident after completing the investigation charge sheet was submitted before the Judicial First Class Magistrate Court, Kodunagallur and now the case is pending trial as CC 1202/2012. Later, Nimmi, 2nd petitioner herein submitted a petition under 190(1) M - 200 Cr.P.C. before the Hon'ble Judicial First Class Magistrate Court, Kodungallur stating that the case registered in Crime No.1476/2011 was not investigated properly, and not added major sections against the accused. The Hon'ble Court accepted the petition vide CMP 13261/2013 and ordered to register a case under Section 156(3) Cr.P.C. As per the order of the Hon'ble Court, a case had been registered in Crime No.2679/2013. Under Section 307, 436, 427, 451, 354 IPC and this case was investigated by Circle Inspector of Police, Kodungallur and referred the above crime on the same cause of action on the ground that Crime No.1476/2011 is now on pending trial in the Judicial First Class Magistrate Court Kodungallur vide CC.No.1202/2012. 2. Prior to the incident in Crime No.1476/2011, on 9.12.2011 at 21.00 Hrs, the petitioner and his brother Sajeevan blocked the way of the son of the complainant Valsala, Mother of the 4th respondent at Kazhuvilangu with the intention of inflict injuries due to previous enmity by hitting with "stone" and idikkatta and he twisted his head and there by sustained injuries on his face instead of head. On seeing the incident the complainant blocked the petitioner and his brother for saving 4th respondent from them. 3. It is submitted that she was also beaten and kicked down and expressed the actions which degraded the dignity of the complainant and she was hospitalized due to assault, her statement was taken and a case had been registered vide crime No.1465/2011 under Section 341, 323, 324, 354, 308 and 34 of IPC. The above mentioned case was investigated by the former Sub Inspector P.K.Padmarajan and arrested the 1st petitioner herein from Kazhuvilangu in Mathilakan police station limit and produced him before the Hon'ble Judicial First Class Magistrate Court, Kodungallur with remand report. The 1st petitioner's brother surrendered before the court and he was also remanded. Both were released on bail by the court in due course. The investigation of the case was completed and charge sheet was submitted before the court against the 1st petitioner and his brother. This case is now on pending trial in Hon'ble Session Court, Irijalakuda vide No. S.C.314/2012".