1.This petition is filed under Article 226 of the Constitution of India by the petitioners who are the mother and wife respectively of one Sujith Krishna seeking the following relief:
"Issue a writ in the nature of mandamus or any other appropriate writ direction or order commanding the respondents 3, 4 and 8 to investigate FIR No.676/2015 of Kazhakkoottam Police Stations (P17), FIR No.717/2015 of Pettah (P18), FIR No.943/2015 (P28) and 1029/2015 (P44) of Medical College Police Station to investigate the respective cases in a free and fair manner and considering the documentary evidence furnished by the petitioners and Sujith Krishna and the investigation may kindly be directly monitored by this Hon'ble Court."
2.The main grievance of the petitioners is that crimes registered as Exts. P17, 18, 28 and 44 are not being investigated in a free and fair manner and is vitiated by W.P.C. No. 10131 of 2016 -2- errors of law and procedure. It is contended that the different investigating officers are handling the crime and the mode in which the investigation is being carried out leaves a lot to be desired.
3.The learned Public Prosecutor on instructions submitted that order No.D1-36503/2016/TC dated 28.4.2016 has been issued by the District Police Chief, directing the Inspector of Police, Control Room, Thiruvananthapuram City to conduct investigation of Crime No 676 of 2015 of the kazhakkottam Police Station and Crime No 717 of 2015 of the Pettah Police Station. It has also been ordered that the investigation shall be conducted under the strict supervision of the Deputy Commissioner of Police (Law and Order), Thiruvananthapuram City. Directions have also been issued to the said officer take up investigation forthwith and forward report of the investigation every fortnight. In view of the aforesaid order passed by the District Police Chief, the petitioner cannot have any further grievance.
W.P.C. No. 10131 of 2016 -3-
4.The learned counsel appearing for the petitioner submits that a direction be issued to the Commissioner of Police to monitor the investigation in both the aforesaid crimes. It is also submitted that the petitioners are in possession of documentary evidence which would shed ample light on the transactions and necessary directions be issued to the Investigating officer to consider the said documents while investigating the crime. There is no reason to issue any such order as the officer in charge of the Investigation is duty bound to consider all such aspects during investigation. The 2nd respondent is also directed to monitor the investigation conducted by the Officers mentioned above.
The writ petition is disposed off with the above observations.
Sd/-
RAJA VIJAYARAGHAVAN.V., JUDGE kp/-27.6.16