This is an application filed by the petitioner for changing the investigating officer who is conducting investigation in Crime No.1414/2013 of Ettumanoor Police Station under Article 226 of Constitution of India.
2. It is alleged in the petition that the petitioner is the complainant and she filed the complaint. Though a crime was registered as Crime No.1414/2013 of Ettumanoor Police Station on the basis of the complaint given, there was inordinate delay in registering the crime. The present investigating officer is not conducting proper investigation and he has not arrested the accused persons so far. So, the petitioner is not having faith in the manner in which the investigation is being conducted by the present officer. So, the petitioner has no other remedy except to approach this court seeking the following relief:
“i) Issue a Writ of Mandamus or other appropriate Writs, Orders or Directions commanding the first respondent to entrust the investigation to any other superior officer other than the second respondent in the W.P.(C).No.7755 of 2014 : 2 :
interest of justice.
ii) Issue a Writ of Mandamus or other appropriate Writs, Orders or Directions commanding the first respondent to monitor the investigation and to ensure that the investigation in Crime No.1414/2013 of Ettumanoor Police Station is conducted in a meaningful and effective manner so as to meet the ends of justice.”
3. Earlier, a statement has been filed by the Deputy Superintendent of Police, Kottayam stating that he has conducted proper investigation and according to him, the witnesses cited by the petitioner are interested witnesses. So, they cannot be relied on. When this was pointed out to the Government Pleader and to ascertain whether the investigation can be conducted by another investigating officer as he has already formed an opinion that the witnesses questioned cited by the de facto complainant cannot be relied on for the purpose of laying charge, the Government Pleader after getting instructions from the third respondent filed a report of the third respondent stating that the investigation of this case has been handed over to Sri. A.U.Sunilkumar, Deputy Superintendent of Police, Crime Detachment, Kottayam on 31.05.2014.
W.P.(C).No.7755 of 2014 : 3 :
4. The Counsel for the petitioner submitted that the above report may be recorded and the petition can be disposed of leaving open the right of the petitioner to approach the appropriate forum, if she is not satisfied with the outcome of the investigation.
5. The above report submitted by the Deputy Superintendent of Police, Kottayam 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 the appropriate forum if she is not satisfied with the outcome of the investigation in accordance with law.
Sd/-
K.Ramakrishnan, Judge.
Bb [True copy] P.A to Judge