IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 1ST JULY 2011 / 10TH ASHADHA 1933 WP(C).No. 31904 of 2010(K) ------------------------ PETITIONER(S): ----------------------- 1. M.G.RAMAN NAIR, MOOSARI PARAMBIL, ERICADU, PUTHUPPALLY P.O., KOTTAYAM. 2. P.P.LAKSHMIKUTTY AMMA, MOOSARI PARAMBIL, ERICADU, PUTHUPPALLY P.O., KOTTAYAM. BY ADVS. SRI.K.SURESH KURUP SRI.SURIN GEORGE IPE RESPONDENT(S): ------------------------- 1. STATE OF KERALA REPRESENTED BY THE HOME SECRETARY, GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR GENERAL OF POLICE, KERALA STATE, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM. 3. SUB INSPECTOR OF POLICE, KOTTAYAM EAST POLICE STATION, KOTTAYAM. 4. CENTRAL BUREAU OF INVESTIGATION, C.B.I, REPRESENTED BY SUPERINTENDENT OF POLICE, KOCHI. R1 TO R3 BY GOVT. PLEADER SRI. V. MANU R4 BY ADVS. SRI. M.V.S. NAMBOOTHIRY, SC, C.B.I. SRI. P. CHANDRASEKHARA PILLAI, C.B.I. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 31904 of 2010(K) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE FIR IN CRIME 294/2010 OF KOTTAYAM EAST POLICE STATION. EXT.P2 : COPY OF THE POSTMORTEM REPORT OF DECEASED PRASAD DATED 16-3-2010. EXT.P3 : COPY OF THE POSTMORTEM REPORT OF DECEASED MAYA DATED 16-3-2010. RESPONDENT'S EXHIBITS & ANNEXURES : ANNEXURE AI : COPY OF THE COMPLAINT FILED BY SANJEEV KUMAR. ANNEXURE AII : COPY OF THE FIR IN CRIME NO. 294/10. ANNEXURE AIII : COPY OF AUTOPSY REPORT. ANNEXURE AIV : COPY OF THE STATEMENT MADE BY 2ND PETITIONER //TRUE COPY// P.A. TO JUDGE Mn THOMAS P. JOSEPH, J. ---------------------------------------------- W.P (C) No. 31904 OF 2010 ----------------------------------------------- DATED THIS THE 1st DAY OF JULY, 2011 J U D G M E N T Petitioner is the father of the deceased. He gave a complaint to the Kottayam East Police station about missing of his son, Prasad and his wife. The police registered Crime No.294 of 2010 for man missing. While so, the dead body of Prasad and wife were seen near a culvert within the local limits of Chokkannur Rani police station in Madurai district. The Chokkannur Rani police registered Crime No.136 of 2010 and is investigating the case. At that stage, petitioner approached this Court with a prayer to direct respondents 1 and 2, State of Kerala, represented by Home Secretary and Director General of Police to hand over investigation of Crime No.294 of 2010 to the Central Bureau of Investigation (for short 'CBI'). 2, I have heard counsel of both sides. Learned Public prosecutor submits that Chokkannur Rani police registered Crime No.136 of 2010 and is investigating death of the deceased persons. If that be so, request for direction for proper investigation or to entrust the investigation to any other agency W.P (C) No.31904/2010 -2- has to be made to the appropriate Court in Tamil Nadu having jurisdiction over the matter. At this stage learned counsel has requested permission to withdraw this petition with liberty to approach the appropriate Court and seek appropriate reliefs. Resultantly this writ petition is dismissed without prejudice to the right of petitioner to move the Court having jurisdiction over the police investigating Crime No.139 of 2010 of Chokkannur Rani Police station. Sd/- THOMAS P. JOSEPH JUDGE AMG True copy P.A to Judge