This writ petition is filed by the defacto complainant in Crime No.644/2013 of Chevayoor police station to issue directions to the investigating officer to conduct proper investigation or for change of investigation under Article 226 of the Constitution of India. 2. It is alleged in the petition that the petitioner was locked in a room by one Shabeer, the brother of the petitioner's divorced wife and shot to his head by using an air gun and thereafter took him in a TATA ACE vehicle and thereafter dropped nearby Medical College police station and escaped from there and this was done with an intention to commit murder and thereby he had committed the offences punishable under Sections 342, 326 and 307 of the Indian Penal Code. The incident was happened on 19.10.2013. On the basis of the statement given by the petitioner, the 5th respondent registered Crime No.644/13 against said Shabeer under Sections 342, 326 and 307 of the Indian Penal Code and thereafter his statement was recorded. Copy of the First Information Report was not given to him or his relatives. Later he happened to get copy of the same on 5.4.14. On going through the First Information Report, it was revealed that description of the air gun used mentioned in the First Information Report was not correct. He was not further questioned after registering the First Information Report. No steps have been taken by the investigating officer to trace out the vehicle or to arrest the accused person or to recover the weapon used. Though complaints have been made in this regard to respondents 3 and 4, no effective action has been taken. So the petitioner no has no other remedy except to approach this Court seeking the following reliefs:
i. issue a writ of mandamus or any other writ, order or direction commanding the 3rd and 4th respondents to entrust and conduct the investigation in Crime No.644/13 of Chevayoor police station by a superior officer within a time limit as prescribed by this Hon'ble Court.
ii. Grant such other reliefs as may be prayed for and as the court may deem fit to grant and
iii. Grant the cost of the writ petition.
3. On the basis of the allegations in the petition, a statement has been called for from the investigating officer and the 5th respondent/investigating officer filed a statement which reads as follows:
1. The above writ petition is filed praying for the issuance of a writ of mandamus directing the 3rd and 4th respondents to entrust and conduct the investigation in Crime No.644/13 of Chevayoor Police Station by a superior officer within a time limit prescribed by this Hon'ble Court.
2. It is respectfully submitted that the prayer of the petitioner is not legally sustainable as the petitioner has no right to insist that a particular agency or any officer of his choice to investigate the crime. Hence, the above writ petition may kindly be dismissed in-limine.
3. It is submitted that a case was registered at Chevayur police station as Crime No.644/13 under Section 342,326,307 IPC, on the basis of the complaint lodged by the petitioner herein on 18.10.2013 at 14.00 hrs alleging that he was confined in a room and was fired at by using an Air Pistol and attempted to commit murder due to previous enmity towards the complainant relating to some family dispute.
4. it is respectfully submitted that the above crime is being investigated by the Inspector of Police, Chevayur. During the course of investigation it is revealed that the accused enticed the son of the complainant one Mr.Shahad Jhussain aged 14 years on 13.10.2013 by promising him to give a new dress for 'Bakrid'. The accused then retained the child in his house even after Bakrid. Later on the accused invited the complainant to his house over phone promising to release the child. Thereafter on 18.10.2013 at 14.00 hrs when the complainant reached the house of he accused at Chevayur Chevarambalam (House No.5012/C of Kozhikode Corporation), the accused took the complainant into his bedroom and threatened him saying that the custody of the child was needed only in the event of he remained alive. He then closed the door of the bedroom and illegally confined the complainant in the room after taking his mobile phone. Thereafter the accused fired at him by using a Air gun through the window of the house and thereby caused grievous injury to the complainant's eyes and tooth.
5. It is submitted that during the course of investigation, the then Circle Inspector of Police, Sri. Prakasan Padannayil arrested the accused on 27.11.2013 and produced before the Hon'ble JFCM-I Court, Kozhikode and he was remanded to judicial custody. In this case a pellet was retrieved from the body of the complainant during the time of surgery, Blood stained shirt, news paper, Air Pistol, Purchase bill of Air Pistol etc were seized and produced before the Hon'ble Court and the property was sent to FSL Thiruvananthapuram with forwarding note for examination and report.
6. It is respectfully submitted that the Investigating Officer has conducted a just, fair, proper and impartial investigation into the above crime and he is awaiting for the chemical and ballistic examination report from FSL, Thiruvananthapuram. As soon as the FSL report is obtained the investigation can be concluded and final report can be filed for which some more time may kindly be granted”.
4. After seeing the statement filed by the 5th respondent, the counsel for the petitioner submitted that the statement of the 5th respondent may be recorded and the petition may be disposed of leaving open the right of the petitioner to approach appropriate authorities, if outcome of the investigation is not satisfactory. The statement filed by the 5th respondent and the submission made by the counsel for the petitioner are recorded and the petition is disposed of accordingly leaving open the right of the petitioner to approach appropriate authorities, if outcome of the investigation is not satisfactory in accordance with law.
Sd/-
K. RAMAKRISHNAN, JUDGE.
cl /true copy/ P.S to Judge