IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 11TH JUNE 2010 / 21ST JYAISTHA 1932 WP(C).No. 16726 of 2010(Q) -------------------------- PETITIONER(S): --------------- BABY, S/O.MATHAI, AGED 44 YEARS, VADAKARATADATHIL VEEDU, KUNIJIKARA, PURAPPUZHA VILLAGE, THODUPUZHA, IDUKKI. BY ADV. SRI.M.SHYJU RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. SUB INSPECTOR OF POLICE, MULAMTHURUTHY POLICE STATION, ERNAKULAM. 3. DY.S.P., MUVATTUPUZHA, ERNAKULAM. 4. DETECTIVE INSPECTOR, C.B.C.I.D., JAWAHARLAL NEHRU INTERNATIONAL STADIUM BUILDING, KALOOR, ERNAKULAM. 5. THE CENTRAL BUREAU OF INVESTIGATION, REPRESENTED BY ITS DIRECTOR, NEW DELHI. 6. ABRAHAM, S/O.PAULOSE, AGED 46 YEARS, EICHIRAVELIYIL VEEDU, PERUMPALLY, MULANTHURUTHY VILLAGE, ERNAKULAM. ADV. SRI.M.V.S.NAMBOOTHIRY,SC, C.B.I. FOR R5 GOVERNMENT PLEADER MR.S.U.NAZER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.RAMKUMAR, J. ------------------------------------- W.P(C). No. 16726 of 2010 -------------------------------------- Dated this the 11th day of June, 2010 JUDGMENT Petitioner, who is the brother of one Shani, who died on 1.5.2004 in her matrimonial home, seeks further investigation of the case by the CBI. 2. The 6th respondent herein namely Abraham is the husband of deceased Shani. On the information given by the brother of the 6th respondent, the Mulanthuruthy Police registered a case as Crime No.112/2004, under the caption “unnatural death” under Section 174 Cr.P.C. According to the petitioner, on the basis of a series of representations made by him before the higher authorities, the investigation of the case was handed over to the Dy.S.P on 1.2.2005 and the Dy.S.P after completion of the investigation filed a charge sheet against the 6th respondent on 18.3.2006 for an offence punishable under Section 498A IPC. The petitioner would have it that, dissatisfied with the investigation by the Dy.S.P, he preferred a series of complaints before the higher authorities and eventually investigation of the case was again handed over to the CBCID, Ernakulam, where the case was re- W.P(C). No. 16726 of 2010 : 2 : registered as 85/CR/EKM/2006. After completion of the investigation, the Detective Inspector of CBCID, Ernakulam filed a supplementary report before the J.F.C.M Court-I, Ernakulam for offences punishable under Sections 498A and 306 IPC. After committal of the case, the case was registered as S.C.No.288/2007 and made over to the 1st Additional Sessions Court, Ernakulam for trial. The petitioner would submit that, the trial court has framed a charge for offences punishable under Sections 498A and 304B IPC. It is dissatisfied with the investigation of the CBCID, Ernkaulam, that the petitioner has approached this court for further investigation by CBI. 3. Apart from the fact that, relevant and useful documents have not been produced before this court, the entire prosecution papers are admittedly before the trial court. Such being the composition, this court is not able to have a grip of the matter. The petitioner may therefore file a detailed petition before the trial, seeking further investigation by the Police since that appears to be his remedy in the light of the decision in Sakkiri Vasu v. State of Uttar Pradesh W.P(C). No. 16726 of 2010 : 3 : [2008 (1) KLT (724) SC]. That court shall consider the grievance of the petitioner. In case that Court is of the opinion that this is a fit case for entrusting the investigation to the CBI, that Court may send a report to this Court giving reasons for the same. If the report of the trial Court is for handing over the investigation to the CBI, thereupon receipt of that report, this Writ Petition shall be received and appropriate orders shall be passed. This course of action is resorted in view of the inability of the trial court to order further investigation by the CBI. This Writ Petition is disposed of accordingly. V.RAMKUMAR, JUDGE dmb