IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 15TH JUNE 2010 / 25TH JYAISTHA 1932 WP(C).No. 4972 of 2010(Q) ------------------------- PETITIONER(S): --------------- NISHA, AGED 22 YEARS, W/O. LATE J.D. RAJESH, D.R.NIVAS, ALLUVILA, KOTTAKKAL, EDAVAZHIKKARA, THIRUVANANTHAPURAM. BY ADV. SRI.B.S.SURESH (CHIRAKKARA) RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY, EPARTMENT OF HOME AFFAIRS, GOVERNMENT SECRETARIT,THIRUVANANTHAPURAM. 2. DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM. 3. DISTRICT SUPERINTENDENT OF POLICE, S.P.OFFICE, KAVADIYAR,THIRUVANANTHAPURAM. 4. CIRCLE INSPECTOR OF POLICE, VELLARADA CIRCLE OFFICE, VELLARADA. 5. SUB INSPECTOR OF POLICE, VELLARADA POLICE STATION, VELLARADA,THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.S.M.NAZAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.RAMKUMAR, J. ------------------------------------- W.P(C) No.4972 of 2010 -------------------------------------- Dated this the 15th day of June, 2010 JUDGMENT Petitioner, who is the young widow of J.D.Rajesh, who was murdered on 19.4.09, seeks a direction to the Director General of Police and District Superintendent of Police, Thiruvananthapuram to take over the investigation of Crime No.116/2009 of Vellarada Police Station. 2. The occurrence allegedly took place on 19.4.09 at about 9.15 p.m on the road side at Valiyavila. Rajesh sustained fatal injuries while coming from the house of one Steephan after the family prayer conducted there. He succumbed to the injuries on the next day, while undergoing treatment in the Neuro ICU at the Medical Hospital, Thiruvananthapuram. On the first information given by one Reji, the Vellarada police registered the above Crime originally for an offence punishable under Section 302 read with 34 IPC. After the registration of the crime, having regard to the fact that it was a grave crime, investigation of the case was taken over by the 4th respondent, the Circle Inspector of Police, Vellarada. During the course of investigation 7 W.P(C) No.4972 of 2010 : 2 : persons have been arrayed as accused in this case. The murder of Rajesh was committed on account of the dispute regarding the administration of the CSI Church at Perimpakkonam. The persons so far arrayed as accused are:- 1. Sunil, S/o.Christudas 2. Satheesh Kumar @ Satheesh, S/o.Sukumaran 3. Rajeev @ Kannan, S/o.Gopi 4. Rajesh, S/o.Thankappan 5. Manikandan @ Kuttan, S/o.Sreedhara 6. Shibu @ Kuttan, S/o.Maniyan 7. Naveen @ Kichu, S/o.Sumithran 3. The 4th respondent has filed a detailed statement showing the investigation thus far conducted by him. He has stated that the investigation of the case is at the final stage. It is also stated that the allegations raised in the writ petition will be thoroughly enquired into. 4. It is too early for this court to assume that the investigation by the 4th respondent is not proceeding on proper lines. However, in order to instill confidence in the petitioner, who is the young widow of deceased Rajesh, I W.P(C) No.4972 of 2010 : 3 : direct that further investigation of the case will be conducted by the 4th respondent under the Supervision of the Dy.S.P, Neyyathinkara and final report shall be filed only after the investigation has been verified by the Dy.S.P, Neyyathinkara. In case the petitioner is able to show that the final report filed by the Police after conclusion of investigation is defective and warrants interference by the court, it shall be open to the J.F.C.M Court-II, Neyyathinkara, before whom the final report is filed to scan through the materials and recommend further investigation by the Crime Branch Police or any other agency. Reserving the above right of the petitioner to move the Magistrate, in case the investigation conducted by the 4th respondent under the Supervision of the Dy.S.P, Neyyathinkara is found to be defective and fraught with palpable errors and omissions. V.RAMKUMAR, JUDGE dmb