IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 30TH JUNE 2010 / 9TH ASHADHA 1932 WP(C).No. 23959 of 2009(Q) -------------------------------------------- PETITIONER(S): -------------------------- K.BHARATHAN, S/O.KARIKUTTY, EDAKKAD PARAMBIL, VETTILAPARA POST, ERANAD TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.SHEJI P.ABRAHAM RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REP.BY SECRETARY HOME DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. DIRECTOR GENERAL OF POLICE, TRIVANDRUM. 3. ADDL.DIRECTOR GENERAL OF POLICE, NORTH ZONE, CALICUT. 4. SUPERINTENDENT OF POLICE, MALAPPURAM. GOVERNMENT PLEADER SRI.C.S.HRITHWICK THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR, J. ................................. W.P.(c).No.23959 of 2009 .................................... Dated:30.06.2010 JUDGMENT Petitioner, who is the father of one Sukumaran who died in the night of 14.9.2007 allegedly under mysterious circumstance at a place within the local limits of Mukkom Police Station, seeks a direction to respondents 2 to 4 to entrust the investigation of Crime No.323/2007 of Mukkom Police Station with a special investigative team. 2. Sukumaran, the son of the petitioner was the victim in S.C.No.367/2003 before the Sessions Court, Manjeri involving offences punishable under Sections 323, 506(1) IPC and Section 3 (1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The petitioner and his son belong to Schedule Caste. 3. Petitioner's case can be summarised as follows:- Petitioner and his relatives had seen the dead body of the petitioner's son from the mortuary of the Medical College Hospital, Kozhikode. Thereafter, the petitioner lodged Ext.P5 complaint before the Sub Inspector of Police, W.P.(c).No.23959 of 2010 2 Mukkom on 3.10.2007. However, on the statement of one Johny, who is a local political leader, to the effect that Sukumaran the 19 year old son of the petitioner died in a road traffic accident, the Mukkom Police registered a case as Crime No.323/2007 for offences punishable under Sections 279 and 304(A)IPC. Aggrieved by the fact that the real occurrence in which the petitioner's son died was suppressed, the petitioner moved the Director General of Police seeking further investigation by an independent superior officer. As per Ext.P7 order dated 14.1.2008 the 2nd respondent Director General of Police ordered further investigation by an officer not below the rank of a Dy.S.P., after incorporating an offence under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. In the meanwhile on 5.11.2007 the Sub Inspector of Police, Mukkom submitted a final report before the J.F.C.M-II, Thamarassery alleging offences punishable under Sections 279 and 304A IPC and the learned Magistrate took cognizance of the said W.P.(c).No.23959 of 2010 3 offences and registered the case as C.C.No.374/2007 and commenced trial. No further investigation has been conducted pursuant to Ext.P7 order passed by the 2nd respondent. Hence this writ petition. 4. Eventhough a statement has been filed by the Station House Officer, Mukkom on 10.12.2009 to the effect that the death of the petitioner's son was as a result of a motor accident and that it was not a planned murder as alleged by the petitioner, the fact remains that the case was not investigated by an officer not below the rank of Dy.S.P. as directed in Ext.P7 order passed by the Director General of Police. This Court had already stayed the trial of C.C.No.374/2007 before the J.F.C.M-II, Thamarassery . 5. Having regard to the facts and circumstances of the case, I am of the view that the case should have been investigated by an officer not below the rank of Dy.S.P in view of Ext.P7 order. Now that Ext.P7 order has not been complied with, I am of the view that the further investigation of the above case will have to be conducted by the Crime Branch of Police. Accordingly, this writ petition is disposed of directing the 2nd W.P.(c).No.23959 of 2010 4 respondent to entrust the investigation of Crime No.323/2007 of Mukkam Police Station with the Crime Branch of Police. The investigation files shall be forwarded to the 2nd respondent for information and compliance. Dated this the 30 th day of June, 2010. V. RAMKUMAR, JUDGE sj