IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 22ND JULY 2010 / 31ST ASHADHA 1932 WP(C).No. 9989 of 2010(Q) ------------------------- CRIME NO.597/2009 OF PALA POLICE STATION --------------------------- PETITIONER(S): --------------- VAKKACHAN M.A., S/O. JOSEPH AUGUSTY, KOCHUKAKKANAT HOUSE, PALA. BY ADV. SRI.P.S.USUPH SRI.P.U.ZIYAD RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY HOME DEPARTMENT, THIRUVANANTHAPURAM. 2. DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM. 3. DIRECTOR, CENTRAL BUREAU OF INVESTIGATION, NEW DELHI. 4. SUPERINTENDENT OF POLICE, CENTRAL BUREAU OF INVESTIGATION, KOCHI. 5. SUPERINTENDENT OF POLICE, RURAL, KOTTAYAM. 6. DEPUTY SUPERINTENDENT OF POLICE, KOTTAYAM. 7. CIRCLE INSPECTOR OF POLICE, PALA. 8. SUB INSPECTOR OF POLICE, PALA POLICE STATION, PALA. ADV. SRI.M.V.S.NAMBOOTHIRY,SC, C.B.I. FOR R3 & 4 GOVERNMENT PLEADER C.S.HRITHICK THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.RAMKUMAR, J. ------------------------------------- W.P(C) No.9989 of 2010 -------------------------------------- Dated this the 22nd day of July, 2010 J U D G M E N T Petitioner, who is the father of two youngsters by name Vinu George, aged 30 years and Vipin George, aged 21 years, seeks a direction to hand over the investigation of Crime No.597/2009 of Pala Police Station to the Central Bureau of Investigation. 2. The above crime came to be registered on the statement given by one Mr.Thomas (who is a relative of the petitioner) to the effect that Vinu and Vipin sustained injuries due to collision with a road roller parked on the road in front of Pala Bishop House on the Pala-Ettumanoor road at 1.30 AM on 30.8.2009 while they were riding on a motor cycle and both of them succumbed to the fatal injuries while undergoing treatment in the General Hospital, Pala. 3. The initial investigation of the case was conducted by the local police. The case was thereafter handed over to the Crime Branch Police, which took over the investigation on 24.9.2009. After questioning 42 witnesses and recording their statements and getting the 164 statement of the occurrence witness, the Crime Branch Police has submitted factual report before the J.F.C.M Court, Pala on 29.4.2010 to the effect that the death of the two youngsters was accidental. W.P(C) No.9989 of 2010 : 2 : 4. The petitioner however maintains that the death of his sons was not accidental but actually it was a police jeep which had dashed against the bike on which his sons were travelling. 5. In the light of Sakkiri Vasu v. State of Uttar Pradesh 2008 (1) KLT (724) SC and Thomas V.C v. Achama Thomas and another 2009 2 KHC 693, the forum to be approached by the petitioner for further investigation is the Magistrate concerned, who is the J.F.C.M Court, Pala. The petitioner may move the said Magistrate for appropriate directions. In case the Magistrate after perusing the investigation files comes to the conclusion that this is a case for further investigation, the Magistrate will be entitled to refer the case to the Central Bureau of Investigation under Section 173(8) Cr.P.C as directed in Kashmeridevi v. Delhi Administration (1998) SCC Criminal 864. V.RAMKUMAR, JUDGE dmb