IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 14TH JULY 2008 / 23RD ASHADHA 1930 WP(C).No. 22395 of 2007(N) -------------------------- PETITIONER: ------------ C.M. BABY, AGED 52 YEARS, S/O. MATHAI, CHAKKALAKKAL HOUSE, VENNOOR P.O., PAZHAYANNUR, THRISSUR. BY ADV. SRI.SHOBY K.FRANCIS RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE CIRCLE INSPECTOR OF POLICE, CHELAKKARA CIRCLE, CHELAKKARA POLICE STATION. 3. THE SUB INSPECTOR OF POLICE, PAZHAYANNUR POLICE STATION, PAZHAYANNUR,THRISSUR. 4. THE SUPERINTENDENT OF POLICE, CB CID, KALOOR, COCHIN, ERNAKULAM DISTRICT. 5. DIRECTOR, CENTRAL BUREAU OF INVESTIGATION, CBI, NEW DELHI. 6. THE SUPERINTENDENT OF POLICE, CENTRAL BUREAU OF INVESTIGATION (CBI), KALOOR, ERNAKULAM DISTRICT. BY ADV. SRI.S.SREEKUMAR, SC FOR CBI FOR R5 & 6 GOVERNMENT PLEADER FOR R1 SRI.AMJAD ALI SRI.M.V.S.NAMBOOTHIRY,SC, C.B.I. FOR R5 & 6 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT, J ------------------------------------ W.P(C). No.22395 of 2007 ------------------------------------- Dated this the 14th day of July, 2008 JUDGMENT Petitioner's son met with his premature death under suspicious circumstances. Crime No.240 of 2006 was registered at the Pazhayannur Police Station under the caption `suspicious death'. Investigation was taken up. Investigation has continued. The petitioner's son had left his house at about 8 p.m on 06.07.06. He did not return thereafter. Later, the dead body of his son was found in a state of decomposition in a nearby field on 08.07.06. Crime was registered and investigation commenced on 09.07.06. The crime was registered under Section 174 Cr.P.C under the caption “suspicious death”. 2. In the course of investigation, it was revealed that it was a case of murder and the section of offence was altered. The petitioner had come to this Court with Writ Petition No.3168 of 2007 and as per judgment dated 12.03.07, the Investigating Officer was granted time to complete the investigation. Though a period exceeding one year has now elapsed, the investigation has not yielded any tangible results and the petitioner is obliged to come to this Court again with a prayer that investigation may be directed to be conducted by any specialised agency. W.P(C). No.22395 of 2007 2 3. Report of the Investigating Officer has been secured. The report of the Investigating Officer reveals that the Investigating Officer has not been able to resolve the mystery of the crime in spite of his investigation for a fairly long period of time. What is more important is that the Investigating Officer does not appear to be optimistic at all and he submits that the investigation may be transferred to any other agency at the discretion of this Court. The learned Government Pleader has placed the case diary before me. The learned Government Pleader submits that the investigator has not been able to achieve any tangible result or success and in these circumstances the State has no objection in any appropriate direction being issued for a proper and better conduct of the investigation. 4. I have considered all the relevant inputs. I find merit in the prayer of the learned counsel for the petitioner. I am satisfied that the 4th respondent Superintendent of Police, Crime Branch C.I.D, Kaloor can be directed to entrust the investigation to a more competent official of and above the rank of a Dy.S.P and to get the investigation conducted under the direct supervision, control and monitoring of the 4th respondent. W.P(C). No.22395 of 2007 3 5. In the result: i) This Writ Petition is allowed; ii) There shall be a direction to the respondents to entrust the investigation to a senior official of the police in the Crime Branch C.I.D, Ernakulam district working under the 4th respondent, not below the rank of a Dy.S.P and to ensure that a proper and efficient investigation is conducted under the direct supervision and control of the 4th respondent. iii) Bimonthly reports about the progress of the investigation shall be submitted to this Court by the 4th respondent. (R.BASANT, JUDGE) rtr/-