IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 8TH SEPTEMBER 2010 / 17TH BHADRA 1932 WP(C).No. 3356 of 2007(Y) -------------------------------- (CRIME NO.243/CR/KLM/06. C.B.C.I.D. CORRESPONDING TO CRIME NO.22 OF 2006 OF KARUNAGAPPALLY POLICE STATION) ........ PETITIONER(S): ------------------- NOUSHAR, AGED 29 YEARS, S/O. ESMAIL KUNJU, VARAMPEL THEKKETHIL, KADATHOOR P.O., THAZHAVA VILLAGE, KARUNAGAPPALLY, KOLLAM DISTRICT. BY ADV. SRI.A.MOHAMMED RESPONDENT(S): -------------------- 1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, HOME DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR GENERAL OF POLICE, POLCE HEAD QUARTERS, THIRUVANANTHAPURM. 3. DIRECTOR GENERAL OF POLICE (CRIMES), CRIME BRANCH HEAD QUARTERS, THIRUVANANTHAPURAM. 4. SUPERINTENDENT OF POLICE, C.B. C.I.D., KOLLAM. 5. THE DETECTIVE INSPECTOR, C.B. C.I.D., KOLLAM. 6. CENTRAL BUREAU OF INVESTIGATION, REPRESENTED BY THE SUPERINTENDENT OF POLICE, S.P.E./C.B.I., KOCHI. R1 TO R5 BY GOVT. PLEADER SMT. M.K. PUSHPALATHA R6 BY ADVS. SRI.S.SREEKUMAR, SC FOR CBI SRI.M.V.S.NAMBOOTHIRY,SC, C.B.I. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs/ WP(C).No. 3356 of 2007(Y) APPENDIX PETITIONER'S EXHIBITS: P1: F.I.R. IN CRIME NO. 22/2006 OF KARUNAGAPPALLY POLICE STATION P2: THE POSTMORTEM CEERTIFICATE DATED 09/01/2006. P3: TREATMENT CERTIFICATE DATED 10/10/2006. P4: DISCHARGE CARD DATED 28/09/2006. P5: O.P. TICKET NO. 106539 DATED 28/09/2006. P6: TREATMENT CERTIFICATE DATED 12/10/2006. P7: DISCHARGE CARD DATED 04/10/2006. P8: ORDER DATED 17/10/2006 IN BAIL APPLICATION NO.6025 OF 2006 BY THE HON'BLE HIGH COURT OF KERALA. P9: C.M.P. NO.14545/2006 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, KARUNAGAPPALLY. P10: REMAND REPORT DATED 27/10/2006. P11: ORDER DATED 21/12/2006 IN BAIL APPLICATION NO.7476 OF 2006 BY THE HON'BLE HIGH COURT OF KERALA. RESPONDENT'S EXHIBITS : NIL /TRUE COPY/ P.S. TO JUDGE SVS/ M.Sasidharan Nambiar, J. -------------------------- W.P.(C)No.3356 of 2007 Y -------------------------- JUDGMENT Petitioner is the accused in Crime No. 243/CR/KLM/06, investigated by CBCID, Kollam. The case was originally registered as Crime No.22/2006 of Karunagappally Police Station for the offences under Sections 302, 377 and 201 of Indian Penal Code. This petition is filed under Article 226 of Constitution of India for a writ of mandamus directing first respondent to withdraw the investigation from CBCID and to entrust it to the sixth respondent. 2. Though the writ petition was admitted on 31.1.2007, investigation was not stayed and in fact, investigation was allowed to be continued with a direction that final report shall not be submitted till the next posting date. The interim order was extended thereafter. Meanwhile, investigation was completed and it was represented on 17.7.2007 that final report was ready. Investigating Officer was directed to produce copy of the final report which is said to be ready for filing. Copy of the report was submitted in 2007 WPC 3356/07 2 itself. Still, petition is pending here. Investigating Officer could not file the final report in view of the interim order. 3. Learned counsel appearing for the petitioner and learned Government Pleader were heard. 4. Argument of the learned counsel appearing for the petitioner is that there was no effective investigation and petitioner has been implicated only for the reason that father of the victim had filed a petition for CBI investigation and no proper investigation was conducted by the Investigating Officer. 5. I have gone through the copy of the final report submitted by the Investigating Officer. I do not find any reason to interfere with due process of law. Investigating Officer is permitted to submit the final report before the Magistrate. Petitioner is at liberty to challenge the final report or seek an order of discharge from the Magistrate. Petition is dismissed. 8th September, 2010 (M.Sasidharan Nambiar, Judge) tkv