IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 6TH JANUARY 2010 / 16TH POUSHA 1931 WP(C).No. 20542 of 2008(U) ---------------------------------------- PETITIONER(S): ------------------------ ABOOBACKER, S/O KUNJUMOHAMMED, AGED 55 YEARS, ARAKKAVEETTIL, NADUVILAKKARA POST, VADANAPPILLY, THRISSUR DISTRICT. BY ADV. MR.K.P.MADHU RESPONDENT(S): --------------------------- 1. THE DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM. 2. THE SECRETARY, HOME AFFAIRS, THIRUVANANTHAPURAM. 3. THE SUPERINTENDENT OF POLICE, THRISSUR. 4. THE DY S.P. OF POLICE, CRIME DETACHMENT, THRISSUR. 5. THE CIRCLE INSPECTOR OF POLICE, VALAPPAD. 6. THE SUB INSPECTOR OF POLICE, VADANAPPILLY. 7. THE DIRECTOR, CENTRAL BUREAU OF INVESTIGATION,CBI HEAD QUARTERS, NEW DELHI. R1 TO R6 BY GOVERNMENT PLEADER MR. S.U. NAZAR R7 BY ADV. MR.M.V.S.NAMBOOTHIRY,SC, C.B.I. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.20542/2008 U APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE FIR IN CRIME NO.366/2007 DTD. 18/08/2007 PREPARED BY THE SUB INSPECTOR OF POLICE, VADANAPILLY. P2: COPY OF THE INQUEST REPORT IN CRIME NO.366/2007 SUBMITTED BY ADDL.TAHSILDAR & EXECUTIVE MAGISTRATE. P3: COPY OF POSTMORTEM CERTIFICATE ISSUED BY THE PROFESSOR AND POLICE SURGEON, MEDICAL COLLEGE, THRISSUR DTD.19/08/2007. P4: COPY OF SCENE MAHAZAR PREPARED BY SUB INSPECTOR OF POLICE, VADANAPILLY DTD. 19/08/2007. P5: COPY OF CERTIFICATE ISSUED BY KARUNA HOSPITAL, VADANAPPILLY DTD. 13/09/2007 TO THE PETITIONER. P6: COPY OF REPORT ISSUED BY THE C.I. OF POLICE, VALAPPAD TO THE PETITIONER DTD. 13/03/08. P7: COPY OF NOTICE ISSUED BY THE 4TH RESPONDENT DTD. 14/11/2007 TO THE PETITIONER. P8: COPY OF THE REPORT SUBMITTED BYTHE 4TH RESPONDENT DTD. 7/02/2008 ABOUT THE IMPROVEMENT OF INVESTIGATION. P9: COPY OF THE ORDER OF REJECTING THE APPLICATION OF RE-POSTMORTEM BY SUB DIVISIONAL MAGISTRATE, THRISSUR DTD. 25/04/2008. P10: COPY OF THE JUDGMENT IN WPC.NO.34053 OF 2007 (D) DTD.18/12/2007 FILED BY THE PETITIONER FOR A FARE INVESTIGATION BY A SEPARATE AGENCY. P11: COPY OF THE REPRESENTATION FILED BY THE ACTION COMMITTEE BEFORE THE 1ST RESPONDENT DTD. 12/03/2008. P12: COPY OF THE PHOTOS OF THE POSTER AFFIXED BY THE ACTION COMMITTEE. P13: COPY OF THE PAPER CUTTING ABOUT THE NEWS PUBLISHED IN DAILY MATHRUBHOOMI DTD. 17/09/2007. P13(A):COPY OF THE PAPER CUTTING ABOUT THE NEWS PUBLISHED IN DAILY RASHTRADEEPIKA DTD. 17/09/2007. P14: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT FOR TRANSFERRING THE CASE TO THE CENTRAL AGENCY -CBI DTD. 12/03/2008. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss M.SASIDHARAN NAMBIAR,J. ------------------------------------------ W.P.C.NO.20542 OF 2008 ------------------------------------------ Dated 6th January 2010 JUDGMENT Petition is filed under Article 226 of Constitution of India for a writ of mandamus to first respondent to handover investigation of crime No.336/2007 of Vadanappilly police station to Central Bureau of Investigation, contending that in spite of statement by the Public Prosecutor before this court and recorded in Ext.P10 judgment that proper and efficient investigation will be conducted by the Senior Police officer who has taken over investigation, no proper investigation is conducted. It is contended that by Ext.P10 judgment this court has granted liberty to the petitioner to approach this court for Wpc 20542/08 2 proper investigation if warranted. Statement is filed by the fourth respondent, Deputy Superintendent of police show that the investigation has been completed and only report from Forensic Science Laboratory was awaited to submit the final report. Learned Government Pleader submitted that subsequently final report is filed. In such circumstances, with liberty to the petitioner to seek appropriate remedy against the final report, if warranted, petition is disposed. M.SASIDHARAN NAMBIAR, JUDGE. uj.