IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 28TH JUNE 2011 / 7TH ASHADHA 1933 WP(C).No. 15493 of 2011(J) ----------------------------------------- (CRIME NO.175/2007 OF KOTTARAKKARA POLICE STATION) .. PETITIONER(S): ------------------------- JOY GEORGE, S/O.LATE M.GEORGE MATHEW, AGED 51, VADAKKEPURAYIL VEEDU, UMMANNOOR VILLAGE, NELLIKUNNAM P.O., KOTTARAKKARA TALUK, KOLLAM. BY ADVS. SRI.S.SREEKUMAR, SRI.P.MARTIN JOSE, SRI.P.PRIJITH. RESPONDENT(S): --------------------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, TRIVANDRUM. 3. THE SUPERINTENDENT OF POLICE, KOLLAM. 4. THE CIRCLE INSPECTOR OF POLICE, KOTTARAKKARA. 5. THE SUPERINTENDENT OF POLICE, CB CID, KOLLAM. R1 TO R5 BY PUBLIC PROSECUTOR SRI. V.MANU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.15493/2011 J APPENDIX PETITIONER'S ANNEXURES: P1: COPY OF FIR IN CRIME NO.175 OF 2007 OF KOTTARAKKARA POLICE STATION. P2: COPY OF POST MORTEM CERTIFICATE DTD. 3/3/07. P3 SERIES:COPY OF VARIOUS NEWS REPORTS APPEARED IN LEADING VERNACULAR DAILIES. P4: COPY OF COMPLAINT DTD. 4/09/2007 SUBMITTED BEFORE THE KERALA STATE HUMAN RIGHTS COMMISSION. P5: COPY OF LETTER DTD. 15/02/2008 BY THE 3RD RESPONDENT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss THOMAS P. JOSEPH, J. -------------------------------------- W.P.(C.) No.15493 of 2011 -------------------------------------- Dated this the 28th day of June, 2011. JUDGMENT Petitioner's father was seen dead on 02.03.2007 in a canal near Nellikunnam Junction. The Kottarakkara Police registered Crime No.175 of 2007 under Section 174 of the Code of Criminal Procedure and started investigation. Petitioner has approached this Court complaining that there is no proper investigation of the case and hence respondents 1 and 2 may be directed to constitute a special team for investigation under the supervision of a senior Police Officer not below the rank of the Superintendent of Police. 2. As per the direction given by this Court, the Deputy Superintendent of Police, CB CID, H & HW-I Sub Unit, Kollam has filed a statement. As per that statement, it is seen that the Police suspects that it is a case of murder and involvement of certain persons also is suspected. The reasons for that suspicion is given in paragraph 7 of the statement. Pursuant to that suspicion the Section of offence is altered to Section 302 of the Indian Penal Code and investigation is continuing. The Officer concerned has stated that he wants to conduct polygraph test of four suspected persons and after obtaining their consent a request is made to the Forensic Science Laboratory. He is awaiting a date to WP(C) No.15493/2011 2 be allotted by the Forensic Science Laboratory for the said purpose. It is also stated that investigation is progressing in a free and fair manner under the supervision of the Superintendent of Police of the said Wing. 3. Learned counsel has requested that a direction may be issued to respondents that the present investigation team may continue. That is something which the superior Police authorities have to think about. I am not expressing any opinion in that regard at this stage. 4. Having heard both sides and gone through the statement of the Investigating Officer I am inclined to think that investigation being conducted by the CB CID, H & HW-I Sub Unit, Kollam shall continue. A change of investigation team at this stage is not necessary. Accordingly this Writ Petition is closed without prejudice to the right of petitioner to approach this Court again if circumstances warranted. THOMAS P.JOSEPH, Judge. cks