IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 3RD MARCH 2008 / 13TH PHALGUNA 1929 WP(C).No. 33719 of 2007(L) -------------------------- PETITIONER: ------------ 1. K.SUSHEELA, AGED 59, W/O HARIDASAN, EDAMPADATHU HOUSE, VALANTHURUTHI ROAD, THEKKUMBHAGAM, TRIPUNITHURA P.O., ERNAKULAM. 2. N.HARIDASAN, AGED 63 YEARS, S/O NANU(LATE), EDAMPADATHU HOUSE, VALANTHURUTHI ROAD, THEKKUMBHAGAM, TRIPUNITHURA P.O., ERNAKULAM. BY ADV. SMT.NAINA RAJI NAIR SRI.D.B.BINU RESPONDENTS: ------------- 1. THE SECRETARY, MINISTRY OF HOME AFFAIRS, STATE OF KERALA, TRIVANDRUM, REPRESENTED BY THE PUBLIC PROSECUTOR, ERNAKULAM. 2. D.G.P. OF POLICE, KERALA STATE, TRIVANDRUM, REPRESENTED BY THE PUBLIC PROSECUTOR, ERNAKULAM. 3. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, ERNAKULAM. 4. SUB INSPECTOR OF POLICE, KORATTY POLICE STATION, THRISSUR. REPRESENTED BY THE PUBLIC PROSECTOR, ERNAKULAM. 5. THE CIRCLE INSPECTOR, CHALAKKUDY THRISSUR, REPRESENTED BY THE PUBLIC PROSECUTOR, ERNAKULAM. 6. THE CENTRAL BEAURO OF INVESTIGATION, REPRESENTED BY ITS DIRECTOR, NEW DELHI. R6 BY ADV. SRI.S.SREEKUMAR, SC FOR CBI R1 TO 5 GOVERNMENT PLEADER SRI. GIKKU JACOB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONERS' EXTS: EXT.P1 TRUE COPY OF COMPLAINT FILED BY THE PARENTS OF THE DECEASED BEFORE THE HILL PALACE POLICE STATION DT5.6.07. EXT.P2 TRUE COPY OF THE FIRST INFORMATION REPORT DT. 10.6.07 IN CRIME NO. 229/07 OF KORATTY POLICE STATION. EXT.P3 TRUE COPY OF REPRESENTATION FILED BEFORE THE DIRECTOR GENERAL OF POLICE DT. 30.7.07. EXT.P4 THE POSTAL ACKNOWLEDGEMENT CARD DT.30.7.07. EXT.P5 TRUE COPY OF INFORMATION UNDER SEC.6(3) OF THE RIGHT TO INFORMATION ACT SOUGHT BY THE PETITIONERS HEREIN FROM THE PUBLIC INFORMATION OFFICER, HILL PALACE POLICE STATION, TRIPUNITHURA DT.30.7.07. EXT.P6 REPLY GIVEN BY THE PUBLIC INFORMATION OFFICER HILL PALACE POLICE STATION TO THE INFORMATION SOUGHT BY THE PETITIONERS DT. 13.8.07. /TRUE COPY/ R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - W.P(C).No. 33719 of 2007 L - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of March, 2008 JUDGMENT The petitioners are the unfortunate parents of a deceased person, in respect of whose death Crime No. 229 of 2007 has been registered at the Koratty Police Station. The crime has been registered, inter alia, under Section 304A I.P.C. Investigation is in progress. It is at that stage that the petitioners had come to this Court with a grievance that a proper investigation was not being conducted. 2. The learned Prosecutor, after taking instructions, submits that the investigation is now complete and final report dt.24.10.2007 has already been filed. 3. The grievance of the petitioners is that it is not really a case of an accidental death in a traffic accident, but according to them, it is a case of murder of their son. Their grievance is that no proper investigation has been conducted. W.P(C).No. 33719 of 2007 2 4. The learned counsel for the petitioners was requested to explain how in the light of the decision in Sakiri Vasu v. State of U.P. (2008 AIR SCW 309), this petition is maintainable. If the petitioners are aggrieved by the final report, it is open to the petitioners to appear before the learned Magistrate and raise objections against acceptance of the final report. If their grievance is against improper investigation, then also in the light of the above decision they can go before the learned Magistrate and raise their grievance. The Magistrate, it is now trite after the decision in Sakiri Vasu has sufficient and ample powers to issue appropriate direction to ensure the conduct of a proper and efficient investigation. 5. The learned counsel for the petitioners submits that in fact the petitioners have already filed C.M.P. 2956 of 2008 before the learned Magistrate. The petitioners shall be satisfied if the Magistrate is directed to consider the grievance of the petitioners and issue appropriate directions under Section 156(3) and/or 173(8) Cr.P.C. The option of the petitioners to challenge such orders, if any, passed by the learned Magistrate on the said application filed by them may also be protected, it is submitted. W.P(C).No. 33719 of 2007 3 6. The petitioners can raise all their objections against the final report before the learned Magistrate when the Magistrate considers whether the report should be accepted or not. If the same has already been accepted, the petitioners can certainly request the learned Magistrate to invoke his powers under Section 173(8) Cr.P.C. and issue appropriate directions. Needless to say, if appropriate action is not forthcoming, the petitioners' option to challenge the action taken by the learned Magistrate shall remain unfettered. 7. With the above observations this writ petition is dismissed. 8. Issue copy today itself. (R. BASANT) Judge tm