IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 19TH JANUARY 2011 / 29TH POUSHA 1932 WP(C).No. 29339 of 2010(Q) -------------------------- PETITIONER(S): --------------- GOVINDAN, S/O.PETTAN, VADAKKETHIL HOUSE, ODANNUR, PARLI P.O., PALAKKAD. BY ADV. SRI.JACOB SEBASTIAN RESPONDENT(S): --------------- 1. THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, TRIVANDRUM. 2. THE SUB INSPECTOR OF POLICE, MALAMPUZHZ POLICE STATION, PALAKKAD DISTRICT 678 092. GOVERNMENT PLEADER SRI.K.J.MOHAMMED ANZAR FOR R1-2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P.JOSEPH, J * * * * * * * * * * * * * W.P.C.No.29339 of 2010 ---------------------------------------- Dated this the 19th day of January 2011 J U D G M E N T Petitioner's daughter, Indira was found dead in a paddy field on July 14, 2010 with severe injury on her neck. The Malampuzha police registered crime No.231 of 2010 for offence punishable under Section 302 of Indian Penal Code on the basis of information given by one Ramachandran. Grievance of the petitioner is that investigation is not proceeding in the proper direction and that the investigating officer has reached the conclusion even without questioning the Medical Officer who conducted postmortem examination that it is a case of suicide. Learned counsel asserts that the Medical Officer who had conducted postmortem examination has not so far been questioned. Hence it is prayed that investigation of the case be entrusted to the State Crime Branch and direct them to submit final report within a time limit to be fixed by this Court. 2. Learned Public Prosecutor submits that allegations are not correct, that investigating agency has proceeded in the correct line and that much time has been devoted by WPC.No.29339 of 2010 2 investigating officer for investigation of this case. It is also submitted by learned Public Prosecutor that in paragraph 12 of counter affidavit sworn to by the Deputy Superintendent of Police, Palakkad it is stated that the said officer had thoroughly questioned the Police Surgeon who conducted autopsy on the body of the deceased. The Police Surgeon gave the opinion that the incised wound, of 12 x 6 x 4.5 cms transversely oblique on the front of the neck was sufficient to cause death in the ordinary course of nature. Learned Public Prosecutor has submitted that respondents have no objection in the investigation being handed over to the CBCID - SIG II unit. 3. Having heard the submissions made by the learned counsel for petitioner and learned Public Prosecutor and in the light of the statement of learned Public Prosecutor that investigation could be handed over to the CBCID - SIG II unit, it is not necessary for me to dwelve into the contentions raised by petitioner as to alleged improper investigation. Having regard to the circumstances of the case, 1st respondent could be directed to pass appropriate orders handing over investigation of the case to the CBCID, SIG-II unit. WPC.No.29339 of 2010 3 4. Resultantly this petition is disposed of directing the 1st respondent, the Director General of Police, Kerala to pass appropriate orders handing over investigation of crime No.231 of 2010 of Malampuzha police station to the CBCID, SIG-II unit. Necessary orders in this regard shall be passed by the 1st respondent within two weeks from the date of receipt of a copy of this judgment. (THOMAS P.JOSEPH, JUDGE) jsr // True Copy// PA to Judge WPC.No.29339 of 2010 4 WPC.No.29339 of 2010 5 THOMAS.P.JOSEPH,J. Crl.M.C.No. of 200 ORDER 19/01/2011