------------ This is an application filed by the petitioner who is the mother of the injured seeking a direction to be given to the State to change the investigation agency for conducting proper investigation under Article 226 of Constitution of India.
2. It is alleged in the petition that the petitioner's son Bunash Khan aged 21 years was brutally assaulted by certain hired killers in the night of 1.2.2014 at Cheravally, Kayamkulam. His both knees were chopped off and legs were cut in to pieces, several injuries have been inflicted all over his body using lathal weapons like iron rods etc. After inflicting grave injuries, he was left on the side of the road by the assailants under the impression that he was dead but his God's grace, he survived due to the expert treatment given from Medical Trust Hospital, Ernakulam. After one month, as inpatient treatment he was discharged from the hospital as a living vegetable. Though police had registered Ext.P1 crime, they incorporated only lessor offence. None of the accused were arrested. That shows that the police is not conducting proper investigation to find out the real culprits and also persons behind the commission of grave crime. She is not anticipating impartial investigation at the hands of the present investigating officer. So the petitioner has no other remedy except to approach this court seeking the following relief:
to issue an interim direction to the third respondent to constitute a special investigation team of competent and independent police officers and entrust on them the investigation of Ext.P1 crime No.276/2014 of Kayamkulam police station immediately towards conducting an impartial proper and independent investigation into the crime, to book all culprits involved in the case, to apprehend them and to bring them before law, pending disposal of this Writ Petition (Civil).
3. Earlier, first respondent had filed a statement stating that he is conducting proper investigation and some of the accused were already arrested and the accused persons involved in other crimes as well. Later, as directed by this Court as to whether the investigation can be conducted by a team with Inspector of Police as investigating officer under the supervision of Deputy Superintendent of Police, the Circle inspector of Police had filed a statement today on behalf of the second respondent which reads as follows:-
1. The first respondent has already filed a detailed statement on 3.6.14 specifying the investigation conducting in Crime No.276/14 of Kayamkulam Police Station and this statement is filed in compliance with the above order dated 06.06.2014.
2. It is respectfully submitted that in compliance of the above order dated 6.6.14 the District Police Chief has given necessary direction to the Deputy Superintendent of Police to supervise the investigation that is now being conducted by the Inspector of Police, kayamkulam. It is further submitted that since the investigation of the above case is nearing completion, there is no need to constitute a Special Investigation team. However if the court so directs there is no objection in constituting an investigation team headed by the Inspector of Police.
3. It is respectfully submitted that the investigation in crime No.276/14 was being conducted by the Additional Sub Inspector of Police, V.Unnikrishnan Nair and during the investigation it is revealed that the victim Bunashkhan and the accused persons were close friends and associates and had involved in so many criminal cases during their association. thereafter due to difference of opinion they had separated and are now enimical terms. The accused persons are notorious criminals and the first and second accused are rowdy as well as anti-social elements involved in several criminal cases. The injured victim Bunashkhan is an accused in Crime No.616/2010 registered u/s.379 r/w 34 IPC and Crime No.618/2010 u/s.379, 411, 201 r/w 34 IPC of Kayamkulam police station and in crime No.160/13 registered u/s.365, 395, 506(ii) r/w 34 IPC and 27 of Arms Act of Vallikunnam Police Station. Cr.465/13 u/s.143, 147, 148, 149, 452, 324, 506(ii), 109 IPC and 27(i) of Arms Act of Kurathikadu Police Station and Cr.221/13, u/s.365, 368 r/w 34 IPC, Cr.894/13 u/s.420 r/w 34 IPC and Cr.946/13 u/s.364(A) r/w 34 IPC of Nooranad Police Station.
4. It is submitted that Mr.Sangeeth @ Devan who is the first accused in cr.No.276/14 is also an accused in cr.No.1961/13 registered u/s.447, 427, 324, 307, r/w 34 IPC and Cr.No.394/14 u/s.341, 323, 324, r/w 34 IPC and Cr.No.328/09 u/s.143, 147, 148, 450, 294(b), 324, 506(b), 324, 427, 120(b), 115, 307 and Section 3 of Explosive Act and Section 27 of Arms Act of Kayamkulam Police station and Mr.Shan aged 25 years S/o.Shamsudeen who is A2 in crime No.276/14 is the accused in cr.No.1101/13 u/s.341, 324, 308 r/w 34 IPC of Kayamkulam Police Station. Thus both the accused as well as the victim are notorious criminal elements of the locality.
5. It is respectfully submitted that ext.p5 representation was also considered and Section 307 IPC is incorporated and the investigation is accordingly taken over by the Inspector of Police, Kayamkulam on 20.6.14 and as stated earlier the investigation is being directly supervised by the DySP, Kayamkulam and directions were given to conduct the investigation properly and to file a final report as expeditiously as possible.
All the facts stated above are true and correct.
4. The grievance of the petitioner in the petition was that though crime No.276/14 of Kayamkulam police station was registered in respect of an unfortunately incident happened to the son of the petitioner who was brutally attacked causing grievous injuries, they have only alleged minor offences like 326, 324 etc and real culprits were not implicated and the request in the petition was that the investigation has to be entrusted to a higher police officers and grave offence like 307 of Indian Penal Code has to be incorporated as the act of the accused persons will reveal such offences has been committed. In the further statement submitted by the second respondent through Inspector of Police to whom the inspection has been now entrusted. it is seen that the inspection is being conducted by Inspector of Police and that will be supervised by Deputy Superintendent of Police, Kayamkulam and Ext.p5 representation submitted by the present petition was considered and Section 307 of Indian Penal Code was also incorporated and proper investigation will be conducted.
5. When this was pointed out to the counsel for the petitioner submitted that since almost all her grievances mentioned in Ext.P5 has been now considered and investigation is being conducted by senior officer after incorporating 307 of Indian Penal Code under the supervision of Deputy Superintendent of Police, Kayamkulam, the statement filed by the second respondent through Inspector of Police, Kayamkulam may be recorded and the petition can be disposed of leaving open to the right of the petitioner to approach the appropriate authorities if the out come of the investigation is not satisfactory in accordance with law.
The statement filed by the second respondent through inspector of Police, Kayamkulam and the submission made by the counsel for the petitioner are recorded and the petition is disposed of accordingly leaving open to the right of the petitioner to approach the appropriate authorities if the outcome of the investigation is not satisfactory later in accordance with law.
sd/-
K.RAMAKRISHNAN, JUDGE