IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 16TH NOVEMBER 2010 / 25TH KARTHIKA 1932 WP(C).No. 22933 of 2008(E) -------------------------------------- PETITIONER(S): ---------------------- SAJEEV, S/O.LATE SADASIVAN, ARCHANA BHAVAN, VILAKKUVATTOM P.O., PUNALUR. BY ADV. SRI.S.RAJEEV RESPONDENT(S): ------------------------- 1. DIRECTOR GENERAL OF POLICE (LAW & ORDER) POLICE HEADQUARTERS, THIRUVANANTHAPURAM. 2. INSPECTOR GENERAL OF POLICE (CRIMES) POLICE HEADQUARTERS, THIRUVANANTHAPURAM. 3. DEPUTY SUPERINTENDENT OF POLICE, CRIME BRANCH CRIME INVESTIGATION DEPT., KOLLAM. 4. SUPERINTENDENT OF POLICE, KOLLAM. 5. ASSISTANT SUPERINTENDENT OF POLICE, O/O THE ASST.SUPERINTENDENT OF POLICE, PUNALUR. 6. CIRCLE INSPECTOR OF POLICE, PUNALUR POLICE STATION. 7. SUB INSPECTOR OF POLICE, STATION HOUSE OFFICER (CRIME NO.598/07 OF PUNALUR POLICE STATION). 8. STATE OF KERALA, REP. BY CHIEF SECRETARY GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. 9. CENTRAL BUREAU OF INVESTIGATION, REPRESENTED BY ITS STANDING COUNSEL, HIGH COURT OF KERALA, ERNAKULAM. R1 TO R8 BY GOVERNMENT PLEADER SRI. P.A. SALIM R9 BY ADV. SRI.M.V.S.NAMBOOTHIRY,SC, C.B.I. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 22933/2008 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE FIR IN CRIME NO. 598/07 OF PUNALUR POLICE STATION. P2 COPY OF THE INQUEST REPORT PROPARED BY SUB INSPECTOR OF POLICE, PUNALUR. P3 COPY OF THE POST-MORTEM REPORT. P4 COPY OF THE REPRESENTATION DATED 15/02/2008 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. P5 COPY OF CRL.M.P.2718/08 SUBMITTED BEFORE THE JFMC-III, PUNALUR BY THE PETITIONER. P6 COPY OF THE CRL.M.P.2718/08 SUBMITTED BEFORE THE JFMC-III, PUNALUR BY THE PETITIONER. P7 COPY OF THE REPLY DATED 16/7/2008 RECEIVED BY THE PETITIONER FROM THE STATE PUBLIC INFORMATION OFFICER & ASS.INSPECTOR GENERAL OF POLICE-1. P8 COPY OF THE REPRESENTATION SUBMITTED BY THE ACTION COUNCIL BEFORE THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO. JUDGE sts M.SASIDHARAN NAMBIAR,J. --------------------------------------------- W.P.C.NO.22933 OF 2008 --------------------------------------------- Dated 16th November, 2010 JUDGMENT Petitioner, the son of deceased Sadasivan filed this petition under Article 226 of Constitution of India for a writ of mandamus directing first respondent to entrust the investigation of crime No.599/2007 of Punalur police station to Crime Branch contending that the investigation was not proper and relevant aspects are not being investigated. 2. Deputy Superintendent of Police, Crime Detachment, Kollam filed a statement disclosing the details of the investigation. Statement shows that crime No.598/2007 was registered under Section 174 of Code of Criminal Procedure, on Wpc 22933/08 2 recording the statement of the petitioner and then Sub Inspector of Police, Punalur conducted a preliminary investigation and he could not arrive at a conclusion regarding the reason for the death or the persons behind it. On 18/6/2008 Circle Inspector of Police, Punalur took over the investigation as instructed by the Assistant Superintendent of Police, Punlaur. His investigation was also not fruitful. It is stated that their investigation reveald that deceased Sadasivan had consumed alcohol on the previous night along with Subhash, Thampi and Omanakuttan alias Sasidharan and Subhash is the Municipal Councilor and Thampi, a neighbour and Omanakuttan a common friend of the deceased and the Municipal Councilor. Though the Circle Inspector also investigated the case, no Wpc 22933/08 3 conclusion could be arrived at. The Director General of Police finding that the investigation was not satisfactory, constituted a Special team for investigation. As instructed by the Superintendent of Police, Kollam, Deputy Superintendent of Police, Crime Detachment took over the investigation on 6/10/2008. The statement shows that Deputy Superintendent of Police also could not effectively unveil the relevant aspects and to find out the truth, polygraph and narcotic analysis are to be undertaken. It is also stated that whether there is any role of any gang from Tamil Nadu is also to be investigated. That statement was filed by the Crime Detachment on 18/9/2009. The Deputy Superintendent of Police was directed to file a further statement, showing the progress of Wpc 22933/08 4 the investigation. 3. Though no statement as directed was submitted, learned Government Pleader submitted that report submitted to him by the investigating officer shows that there was no progress in the investigation. Learned Government Pleader in such circumstances, submitted that there is no objection for entrusting the investigation to CBCID as sought for. 4. In such circumstances, Investigation of crime No.598/2007 of Punalur Police Station is to be investigated by CBCID. 5. Petition is allowed. First respondent is directed to entrust the investigation of Crime No.598/2007 of Punalur Police Station to CBCID and to investigate it by a competent officer, not below the rank of Wpc 22933/08 5 Deputy Superintendent of Police. Said investigating officer, to investigate the case throughly and expeditiously. M.SASIDHARAN NAMBIAR, JUDGE. uj.