IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 25TH AUGUST 2009 / 3RD BHADRA 1931 WP(C).No. 18478 of 2009(Q) ------------------------------------- PETITIONER(S): --------------------- T.T. JOSE, BENNY SADANAM, ELAKKADU POST, KOTTAYAM DIST. BY ADV. MR.V.V.SURESH SMT.K.R.KRISHNAKUMARI RESPONDENT(S): ------------------------- 1. STATE OF KERALA REP. BY THE SECRETARY TO GOVERNMENT, MINISTRY OF HOME AFFAIRS GOVERNMENT OF KERALA, TRIVANDRUM. 2. THE SUPERINTENDENT OF POLICE, CRIME BRANCH C.I.D. KOTTAYAM. 3. THE DIRECTOR, CENTRAL BUREAU OF INVESTIGATION,NEW DELHI. 4. THE SUPERINTENDENT OF POLICE, KOTTAYAM. 5. THE SUB INSPECTOR OF POLICE PALA. R1, R2, R4 & R5 BY GOVERNMENT PLEADER MR.S.U. NAZAR. R3 BY ADV. MR.M.V.S.NAMBOOTHIRY,SC, C.B.I. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/08/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. M.Sasidharan Nambiar, J. -------------------------- W.P.(C)No.18478 of 2009 Q -------------------------- JUDGMENT Petitioner, the father of deceased Benny, had earlier filed W.P.(C)No.12921/2007 seeking for a proper investigation on the death of his son alleging that the final report in the case was submitted without proper investigation. Under Exhibit P2 judgment dated 14.7.2008, on a writ petition filed by the petitioner earlier, this Court directed to conduct a further investigation under Section 173(8) of Code of Criminal Procedure by an Officer of CBCID, not below the rank of Deputy Superintendent of Police under the supervision of the Superintendent of Police, Crime Branch, Kottayam. This petition is filed under Articles 226 of Constitution of India for a writ of mandamus or direction to submit the report of further investigation before the court as provided under Exhibit P2 judgment of this Court. 2. Learned counsel appearing for the petitioner and learned Government Pleader were heard. WPC 18478/09 2 3. Statement filed by the Deputy Superintendent of Police, CBCID, Kottayam, who investigated the case consequent to Exhibit P2 judgment of this Court, establish that after filing a petition before the learned Magistrate and getting sanction to conduct further investigation under Section 173(8) of Code of Criminal Procedure, proper investigation was conducted. The investigation revealed that it was only a case of motor accident and there was no foul play. I find no reason to give any further direction, except a direction to the Investigating Officer to file the final report based on the further investigation as provided under Section 173(8) of Code of Criminal Procedure without further delay. If petitioner is aggrieved by the final report, he is entitled to seek appropriate remedy. Petition is disposed accordingly. 25th August, 2009 (M.Sasidharan Nambiar, Judge) tkv