IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 20TH OCTOBER 2010 / 28TH ASWINA 1932 WP(C).No. 19401 of 2010(Q) ----------------------- PETITIONER : ----------------- DAISY THANKACHAN, W/O.LATE THANKACHAN, THOMSON BHAVANAM, PERUMPUZHA, KOLLAM. BY ADV. SRI. D. AJITHKUMAR RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM. 3. THE DISTRICT SUPERINTENDENT OF POLICE, KOLLAM. 4. THE CIRCLE INSPECTOR OF POLICE, KUNDARA POLICE STATION, KOLLAM. 5. THE SUB INSPECTOR OF POLICE, KUNDARA POLICE STATION, KOLLAM. 6. THE DIRECTOR, CENTRAL BUREAU OF INVESTIGATION, NEW DELHI. 7. SUPERINTENDENT OF POLICE, C.B.C.I.D.(CRIME DETACHMENT), KOLLAM. R1 TO R5 BY GOVT. PLEADER SRI. P.A. SALIM R6 BY ADV. SRI.M.V.S.NAMBOOTHIRY,SC, C.B.I. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn M.SASIDHARAN NAMBIAR,J. --------------------------------------------- W.P.C.NO.19401 OF 2010 --------------------------------------------- Dated 20th October, 2010 JUDGMENT Husband of the petitioner was murdered on 20/4/2009. Crime No.371/2009 of Kundara Police Station was registered for the offences under Sections 427, 447, 323, 341, 294(b) and 302 read with Section 34 of Indian Penal Code against two accused, Appu and Chandran Pillai, based on the first information statement furnished by the daughter of the deceased. Petitioner, the widow of the deceased and their son, had together gone out and were not there at scene of occurrence at the time of incident. They reached the house only on getting the information about the incident. Police after investigation filed a final Wpc 19401/10 2 report deleting the second accused and alleging that the offence was committed by Appukuttan alone. Petitioner filed a petition under Section 173(8) of Code of Criminal Procedure before the Magistrate contending that there was no proper investigation. By order dated 29/3/2010, further investigation was ordered. This petition is filed under Article 226 of Constitution of India, for a writ of mandamus to hand over the case diary and investigation to seventh respondent, CBCID (Crime Detachment). Petitioner would contend that there is no proper investigation and the attempt is to save Chandran Pillai, the original second accused and in such circumstances, proper investigation is to be conducted by the Crime Branch. 2. Circle Inspector of Police, Kundara Wpc 19401/10 3 filed a statement showing the progress of the investigation. Statement discloses that unbiased investigation was conducted and as further investigation is ordered, proper further investigation will be conducted. 3. Learned counsel appearing for the petitioner and learned Government Pleader were heard. 4. Learned Magistrate has already directed further investigation as per order dated 29/3/2010. Grievance of the petitioner is that though Chandran Pillai is one among the culprits, proper investigation is not being conducted and instead attempt is only to save him. On the materials furnished, I do not find that it is necessary to hand over the investigation to CBCID as sought for. But there should be proper supervision of the Wpc 19401/10 4 investigation by a superior officer. In such circumstances, petition is disposed directing Superintendent of Police, Kollam to direct the investigation in Crime No.371/2009 of Kundara Police Station by a superior Officer, not below the rank of Deputy Superintendent of Police. Deputy Superintendent shall verify minutely whether second accused was in fact involved in the incident or not and complete the investigation expeditiously. M.SASIDHARAN NAMBIAR, JUDGE. uj.