IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 29TH SEPTEMBER 2010 / 7TH ASWINA 1932 WP(C).No. 32549 of 2009(Q) ----------------------- PETITIONER : ----------------- RAZIYYA M.T.V., W/O.BADRUDDIN (LATE), PANDRANDIL HOUSE, MAVILAKKADAPURAM P.O KASARGOD. BY ADVS. SRI.JINU JOSEPH SRI.SHIJU VARGHESE (WAYANAD) RESPONDENT(S): ------------------------ 1. STATE OF KERALA REPRESENTED BY SECRETARY, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CIRCLE INSPECTOR OF POLICE, NEELESHWARAM POLICE STATION, NEELESHWARAM, KASARGOD. 3. THE SUB INSPECTOR OF POLICE, CHANDERA POLICE STATION, CHANDERA, NEELESHWARAM, KASARGOD. R1 TO R3 BY GOVERNMENT PLEADER SRI. P.A. SALIM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn M.SASIDHARAN NAMBIAR,J. =========================== W.P.(C)No. 32549 OF 2009 =========================== Dated this the 29th day of September,2010 JUDGMENT Petitioner is the wife of one Badruddin who died in a motor accident on 22.7.2008 at about 8.45 p.m. at Mavilakadappuram. Zachariah the accused in Crime 251/2008 was riding with motor bike KL-14 E/8294. Badruddin sustained grievous hurt and was taken to Omega Hospital, Mangalore in an unconscious stage. While on treatment, he succumbed to the injuries. Under Ext.P1 F.I.R, Crime 251/2008 of Chandera Police Station was registered for the offences under section 279 and 338 of Indian Penal Code. On the death of the injured, the case continued to be investigated incorporating an offence under section 304A of Indian Penal Code also. Based on a complaint filed by the petitioner alleging that there was animosity for the accused to W.P.(C)32549/2009 2 deceased Badruddin and there was an intention to cause his death, and case is investigated only for the offence under section 304A IPC also. The investigation is in progress. This petition is filed under Article 226 of the Constitution of India for a writ of mandamus to transfer the investigation to the Crime Branch or any other Investigating Agency contending that the case is not being properly investigated. 2. The Sub Inspector of Police, Chandera Police Station filed a statement showing the progress of the investigation. The statement reveals that petitioner and others alleged that it was a deliberate act and not an accident and accused had inimity with Badruddin, as the deceased detected theft of a taperecorder by the accused some three years ago and there was also dispute with th accused regarding the visa transaction and as public raised protest regarding the investigation, Deputy Superintendent of Police, Kanhangad directed the Circle Inspector of Police, Nileshwar to take W.P.(C)32549/2009 3 over the investigation. The Circle Inspector of Police took over the investigation on 27.9.2008 and questioned several witnesses. But nothing could be elicited. It is stated that the statement of the Professor of Forensic Medicine, who conducted autopsy also suggest it was a road traffic accident. Therefore based on the investigation the offence under section 304A IPC is ruled out and a final report was prepared for the offence under section 279 and 304A of Indian Penal Code and Section 3(1) read with section 181 of Motor Vehicles Act, as accused was not having a valid driving licence. Final report is sent for approval to Assistant Public Prosecutor and it was suggested that further investigation is to be conducted questioning the accused and subjecting him to polygraph test. It is also stated that steps are being taken to conduct polygraph test and investigation is being properly conducted. 3. Learned counsel appearing for the petitioner and learned Government pleader were W.P.(C)32549/2009 4 heard. 4. On going through the statement submitted by the Sub Inspector of Police, though he is not the Investigating Officer and the case is being investigated by the Circle Inspector of Police, it is clear that there is no proper investigation of the case. For the sole reason that the deceased sustained fracture and died due to the head injury alone, it cannot be said that an offence under section 304A of Indian Penal Code is not attracted. So also for the reason that due to the injuries sustained in an accident the injured succumbed to the injuries, it cannot be said that it is only an offence under section 304A of Indian Penal Code. The allegations raised by the petitioner that there was personal animosity against the deceased and he had an intention to cause death are serious matters which deserve serious investigation. Inspite of the fact that the case has been investigated from August, 2008 onwards, no progress is achieved. It is thus clear that investigation is to be handed W.P.(C)32549/2009 5 over to the Crime Branch for a better and effective investigation. Petition is allowed. The Director General of Police is directed to entrust the investigation of Crime 251/2008 of Chandera Police Station, to the Crime Branch with a direction to investigate the case properly by an efficient officer not below the rank of a Circle Inspector considering the allegations raised by the petitioner on the attraction of an offence under section 304 of Indian Penal Code also. The investigation is to be completed expeditiously. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006