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HIGH COURT OF KERALA
R.BASANT, J
E.P. HARIJAYANANTHAN NAMBOOTHIRI – Appellant
Versus
STATE OF KERALA – Respondent
WP(C)/20312/2007
Police - Investigation - Section 406 IPC, Section 156(3) Cr.P.C - Court directed expeditious completion of an enquiry by the Vigilance Department following a satisfactory report on ongoing investigation.
Fact of the Case:
The petitioner alleged improper investigation by the police into Crime No.371/2007 under Section 406 IPC, originating from a private complaint. The case was referred to the police for investigation under Section 156(3) Cr.P.C.
Issues: Whether the court should mandate more specific directives regarding the investigation into Crime No.371/2007.
Ratio Decidendi: The court found that as the Vigilance Department had taken over the investigation, and since the petitioner was satisfied, no further directions were deemed necessary except urging prompt completion of the enquiry.
Final Decision: Writ petition dismissed, directing the Vigilance Department to complete the enquiry expeditiously.
JUDGMENT
The grievance of the petitioner is that respondent-Police is not taking proper steps for investigation into Crime No.371/2007, registered, inter alia, under Section 406 IPC . That crime was registered on the basis of the private complaint filed by the petitioner before the learned Magistrate and referred by the learned Magistrate to the Police under Section 156 (3) Cr.P.C.
2. The learned Public Prosecutor was directed to take instructions. A statement has been filed by respondents 1 to 6, in which it is reported that investigation is taken over by the Vigilance Department. A reply statement is filed by the petitioner and it is submitted at the Bar that the petitioner is satisfied with the direction to conduct an enquiry by the Vigilance Department. It is only prayed that expeditious completion of the enquiry may be directed.
3. The learned counsel for the petitioner submits that in the light of the statement filed by the respondents, no further specific directions is necessary. There may be direction for expeditious completion of the enquiry.
W.P.C.No. 20312 of 2007
4. This writ petition is hence dismissed, in the light of the subsequent development of commencement of enquiry by the Vigilance Department. I direct, the Vigilance Department to complete the enquiry, as expeditiously as possible.
(R.BASANT, JUDGE)
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