IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 7TH MARCH 2011 / 16TH PHALGUNA 1932 WP(C).No. 5617 of 2011(B) -------------------------------------- PETITIONER(S): --------------- M.K.SHOUKATHALI, S/O.ABDUL RAHIMAN, PROPRIETOR, MARGIN FREE SUPER MARKET, PARAPPOOL, PATTUVAM AMSOM, TALIPARAMBA TALUK, KANNUR DISTRICT. BY ADVS. SRI.V.T.MADHAVANUNNI SRI.V.A.SATHEESH SRI.J.ABHILASH RESPONDENT(S): -------------------------- 1. THE STATE OF KERALA, REP.BY HOME SECRETARY, THIRUVANANTHAPURAM.PIN- 695 001 2. THE CIRCLE INSPECTOR OF POLICE, TALIPARAMBA, KANNUR DISTRICT.PIN-670 141 3. THE CENTRAL BEAURO OF INVESTIGATION, REP.BY ITS DIRECTOR, NEW DELHI.PIN- 110001 R1 & R2 BY PUBLIC PROSECUTOR SRI.K.J. MOHAMMED ANZAR R3 BY ADV. SRI.P. CHANDRASEKHARAN, SC FOR CBI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts THOMAS P. JOSEPH, J. -------------------------------------- W.P.(C.) No.5617 of 2011 -------------------------------------- Dated this the 7th day of March, 2011. JUDGMENT Petitioner, the defacto complainant in Crime No.786 of 2009 of Thaliparamba Police Station is dissatisfied with the investigation being conducted into the offences by the present Investigating Agency and seeks a direction for investigation by the Central Bureau of Investigation (for short, “the CBI”). 2. Case is that on 15.12.2009 at about 0.15 hours certain political activists set fire to the shop of petitioner at Parappool, near Thaliparamba. According to the petitioner the entire furniture and stock of goods in the shop were gutted in fire. He suffered a loss of around Rupees three lakhs. The Thaliparamba Police registered Crime No.786 of 2009 for offence punishable under Section 436 of the Indian Penal Code. Petitioner says that on a previous occasion – 26.01.2008 the same group (which indulged in setting fire to his shop) had committed theft and thereafter burst bomb causing loss of about `.15 lakhs to him. Though Police registered Crime No.93 of 2008 for the said incident it was referred. Since there was no progress in the investigation of Crime No.786 of 2009 petitioner approached the learned Judicial First Class Magistrate, Thaliparamba under Section 156(3) of the Code of Criminal Procedure (for short, “the Code”) to issue a direction to the Investigating Officer for effective investigation of the case. Learned Magistrate directed respondent No.2 to WP(C) No.5617/2011 2 complete investigation within six months. But inspite of all these, investigation has not proceeded in the correct line, according to the petitioner due to political pressure. Hence the prayer to entrust investigation to the CBI. Learned counsel for petitioner contended that in the circumstances stated investigation may be handed over to the CBI. 3. I have heard learned Public Prosecutor appearing for respondent Nos.1 and 2 and the Standing Counsel for respondent No.3, the CBI. According to the Public Prosecutor and the Standing Counsel this is not a fit case to be handed over to the CBI in the light of the decision of the Supreme Court in State of West Bengal v. Committee for Protection of Democratic Rights (2010 (1) KLT 723) having regard to the guidelines prescribed therein. Learned Public Prosecutor submitted that investigation is proceeding and that materials collected from the scene of occurrence were sent to the Forensic Science Laboratory for examination but, so far none of the culprits could be traced. 4. I must bear in mind grievance of petitioner who lost his valuable property. The incident occurred on 15.12.2009 and till now the present investigation team could not trace the culprits. Any further delay would only help the culprits. Investigation cannot proceed in that line. Having heard learned counsel for petitioner, the Public Prosecutor and the Standing Counsel though I am not satisfied that this is a fit case to be entrusted to the CBI for investigation WP(C) No.5617/2011 3 in the light of the guidelines prescribed in the decision cited supra I am inclined to think that the investigation has to be conducted a better specialised agency, in this case the CBCID – OCW-III, Kozhikode. Resultantly this petition is disposed of in the following lines: i. It is directed that investigation of Crime No.786 of 2009 of Thaliparamba Police Station shall be conducted by the CBCID - OCW-III, Kozhikode. ii. The team of Investigating Officers shall be led by an Officer not below the rank of a Circle Inspector. iii. The Additional Director General of Police (Crimes), Thiruvananthapuram shall pass necessary orders within two weeks from the date of receipt of a copy of this judgment (which shall be made available by the petitioner). THOMAS P.JOSEPH, Judge. cks