This writ petition is filed by the petitioners seeking a direction in respect of investigation of Crime No.371/2014 of Ernakulam Town North Police Station under Article 226 of the Constitution of India. 2. It is alleged in the petition that the petitioners are Indian citizens and women. The first petitioner is the de facto complainant and the second petitioner is the witness in Crime No.371/2014 of Ernakulam Town North Police Station, which was registered on the basis of a statement given by the first petitioner against accused persons alleging offences under Sections 120(B), 294(b), 341, 448, 452, 500 and 506(ii) read with Section 34 of the Indian Penal Code. Accused 1 to 3 are siblings of the petitioners and other accused are strangers. In a suit filed before the Sub Court, Ernakulam a decree was passed granting injunction restraining strangers from trespassing into the property and committing waste or doing anything and reducing the value of the family property jointly owned and possessed by the petitioners and their siblings and that decree is still in force and final decree proceedings are pending for separate allotment of individual shares. According to the petitioners, when they were doing regular maintenance for the house in the property, some strangers came and threatened and abused the petitioners. Though complaints were made, no action was taken. Investigation in Crime No.371/2014 of Ernakulam Town North Police Station was commenced by the SHO of that police station, but later it was transferred to Elamakkara police station where it is renumbered as Crime No.93/2014 of that police station. But they are not properly conducting the investigation. So the petitioners have no other remedy except to approach this Court seeking the following reliefs:
1. issue a writ of mandamus or such other appropriate writ, order or direction directing the respondents 1 to 3 to entrust the investigation being conducted by the third respondent in Crime No.93/2014 of Elamakkara Police Station commenced as per Crime No.371/2014 of Ernakulam Town North Police Station (Exhibit P1) to CBCID and by a female Police officer not below the rank of Superintendent of police for further investigation.
2. Direct the 2nd respondent to entrust the investigation commenced as per Exhibit P1 crime (Crime No.371/2014 of ET North Police Station) to a female police officer not below the rank of Inspector General of Police.
3. Issue such other appropriate writ, order or direction in the interests of justice.
3. When the writ petition came up for hearing today, the State Attorney filed a statement stating that there is no objection in entrusting the case in Crime No. 371/2014 of Ernakulam Town North Police Station (now Crime No.93/2014 of Elamakkra police station) to Women Circle Inspector of Police, Women Cell, Ernakulam under the supervision of Deputy Commissioner of Police, Ernakulam.
4. The counsel for the petitioner submitted that the above submission of the State Attorney may be recorded and the writ petition can be disposed of leaving open liberty for the petitioners to approach the appropriate forum, if they are not satisfied with the outcome of the investigation.
5. So the statement of the District Police Chief that the investigation of the present Crime No.93/2014 of Elamakkara Police Station (old Crime No.371/2014 of Ernakulam Town North Police Station) will be entrusted to Women Circle Inspector of Police, Women Cell, Ernakulam under the supervision of Deputy Commissioner of Police, Ernakulam is recorded and the writ petition is disposed of accordingly leaving open the right of the petitioners to approach appropriate forum, if they are not satisfied with the outcome of the investigation later in accordance with law.
With the above directions and observations, the writ petition is disposed of.
Sd/-
K. RAMAKRISHNAN, JUDGE.
cl /true copy/ P.S to Judge