IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 8TH FEBRUARY 2011 / 19TH MAGHA 1932 WP(C).No. 23856 of 2010(Q) -------------------------- PETITIONER(S): --------------- KOCHUTHRESIA, AGED 45 YEARS, W/O.CIRIL, LINTU BHAVANAM, FATHIMA ISLAND, MUKKAD, KAVANAD P.O., KOLLAM. BY ADV. SRI.GEORGE SEBASTIAN RESPONDENT(S): --------------- 1. DIRECTOR GENERAL OF POLICE, KERALA POLICE, HEADQUARTERS, THIRUVANANTHAPURAM. 2. SUB INSPECTOR OF POLICE, ANCHALUMOODU POLICE STATION, KOLLAM DISTRICT. 3. DISTRICT SUPERINTENDENT OF POLICE, KOLLAM. 4. MR.CYRIL, MELEKKADAVIL HOUSE, KADAVOOR, KOLLAM. 5. MRS.SOSAMMA, W/O.CYRIL, MELEKKADAVIL HOUSE, KADAVOOR, KOLLAM. GOVERNMENT PLEADER SMT.PUSHAPALATHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P. JOSEPH, J. ---------------------------------------------- WP(C).No.23856 of 2010 ---------------------------------------------- Dated this the 8th day of February, 2011 O R D E R Petitioner wants transfer of investigation of the case relating to death of her daughter Lintu, aged 25 years on 1.8.2009. The said Lintu, the postmortem examination report revealed died of poisoning. Petitioner alleges that her daughter was subjected to cruelty by respondents 4 and 5 and that there was no effective investigation. The Deputy Superintendent of Police, Narcotic Cell, Kollam has filed a statement in answer to the allegations made by the petitioner wherein it was stated that the investigation was entrusted to him vide order No.D1-35032/10 dated 20.7.2010 of the Superintendent of Police, Kollam and he took over investigation on 22.7.2010. It is stated that the section of law in the FIR has been altered to one under Section 304 (B) read with 34, IPC and that a report in this regard was given to the Sub Divisional Magistrate Court, Kollam and the Judicial First Class Magistrate Court-I, Kollam. It is also stated that during the course of investigation, the Dy.S.P has arrested certain accused persons and that investigation is continuing. 2. Heard learned counsel for petitioner and the learned Public Prosecutor. 3. Learned counsel for petitioner submits that in view of the WP(C).No.23856/10 2 statement filed by the Deputy Superintendent of Police, Narcotic Cell, Kollam, petitioner is not pursuing this petition and that the petition may be closed without prejudice to the right of petitioner to approach learned Magistrate in the light of the decision reported in Sakiri Vasu v. State of U.P (2008(1) KLT 724 (SC) ). In the light of the submission made by learned counsel for petitioner, this petition is closed without prejudice to the right of petitioner to approach the learned Magistrate concerned as provided under law and explained in the decision referred to supra, if circumstances warranted that. THOMAS P. JOSEPH, JUDGE vgs