IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 13TH JANUARY 2011 / 23RD POUSHA 1932 WP(C).No. 18735 of 2010(Q) -------------------------- PETITIONER: --------------- SMT.AYISU, AGED 69, W/O.KUNHU MOHAMMED, MANAMKARI, ERIYAD, KODUNGALLUR. BY ADV. SRI.T.M.CHANDRAN SRI.S.SUJITH SRI.V.A.SASIDHARAN SRI.JOSEPH ALBIN NEDUNTHALLY RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, THIRUVANANTHAPURAM. 2. THE DISTRICT SUPERINTENDENT OF POLICE, THRISSUR. 3. THE SUB INSPECTOR OF POLICE, KODUNGALLUR, THRISSUR DIST. 4. SUPERINTENDENT OF POLICE, CRIME BRANCH CBCID, ERNAKULAM. 5. THE SUPERINTENDENT OF POLICE, CENTRAL BUREAU OF INVESTIGATION (SPE), ERNAKULAM. 6. DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM. R1 TO R4 BYGOVERNMENT PLEADER ADV. MR. K.J. MOAHMMED ANZAR. R5 BY ADV. SRI.M.V.S.NAMBOOTHIRY,SC, C.B.I. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- W.P.(C) No.18735 of 2010 -------------------------------------- Dated this the 13th day of January, 2011. JUGMENT Petitioner's son – Abdu expired on 15.12.2006. According to the petitioner, it was a murder. She stated that in the year 2005 her son was attacked by a group of persons. He was again attacked on 14.12.2006 based on which Ext.P1, crime was registered. Petitioner complained that the local police did not conduct proper investigation on account of extraneous considerations. Petitioner filed W.P.(C) No.15989 of 2009 in this Court and this Court directed Crime Branch, CBCID to conduct investigation. Grievance of petitioner is that still, investigation has not progressed and hence this petition for an order to the CBI to conduct the investigation. As directed by this Court officers concerned have filed statements on various dates, the last being the one dated 20.11.2010 by the Superintendent of Police, Crime Branch. CID HHW-II, Ernakulam. 2. I have heard learned counsel for petitioner and the Public Prosecutor. 3. It is sufficient that I refer to the latest statement which I have mentioned above. It is seen from the statement that investigation conducted revealed that deceased Abdu had lent certain amount to one Kattakathu Muhammed who went abroad without repaying the amount, following that one City Muhammed who is a relative of the said Mohammed with his associates assaulted Abdu and a case was registered as Crime No.187 of 2005. Witnesses WP(C) No.18735/2010 2 were questioned in connection with death of Abdu. Relevant extracts from the bank account were perused. It is stated that investigation revealed that Abdu had helped one Muhammed Sherif and a woman by name Nazeem for conducting their cases pending before various courts. Those persons were contacted by the investigating team and information was collected. One K.K.Muhammed who is said to have reached the scene of occurrence and other persons were also questioned and their statements were recorded. It is revealed from the statement that a Special Team was constituted for investigation and that all persons connected with Crime Nos.146 of 1990 and 187 of 2005 were questioned. It is submitted that sincere and earnest efforts are being taken to detect the culprits and considerable progress has been attained. Though learned counsel for petitioner pressed for an investigation by the CBI, I do not think that at this stage it is necessary to do so which will affect the investigation. However I direct the Special Investigation Team to pursue the investigation with all earnestness so that the mystery behind the death of Abdu is disclosed and the culprits if any are brought to book. Writ Petition is closed with the above direction and without prejudice to the right of petitioner to approach this Court again if circumstances warranted. THOMAS P.JOSEPH, Judge. cks