IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 13TH JANUARY 2010 / 23TH POUSHA 1931 WP(C).No. 24598 of 2009(Q) ----------------------------------------- PETITIONER(S): ------------------------- ZAINAHA BEEVI, W/O.MUHAMMED KASIM, CHERUVUKALAYIL HOUSE, PARUMBAIKADU VILLAGE, KUMARANELLOOR PANCHAYATH, KOTTAYAM DISTRICT. BY ADV. MR.T.A.SHAJI RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HOME DEPARTMENT, THIRUVANANTHAPURAM. 2. SUPERINTENDENT OF POLICE, KOTTAYAM. 3. DIRECTOR GENERAL OF POLICE, KERALA, THIRUVANANTHAPURAM. 4. SUPERINTENDENT OF POLICE, CENTRAL BUREAU OF INVESTIGATION, KOCHI. 5. UNION OF INDIA, REPRESENTED BY SECRETARY, MINISTRY OF HOME AFFAIRS, NEW DELHI. R1 TO R3 BY GOVERNMENT PLEADER MR. S.U. NAZAR R4 BY ADV. MR.M.V.S.NAMBOOTHIRY,SC, C.B.I. R5 BY ADV.MR.T.P.M.IBRAHIM KHAN,ASST.SOLICITOR GENERAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. ------------------------------------------ W.P.C.NO.24598 OF 2009 ------------------------------------------ Dated 13th January 2010 JUDGMENT Petitioner, a widow filed this petition under Articles 226 and 227 of Constitution of India for a writ of mandamus or any other appropriate order directing respondents 1 to 3 to entrust the investigation of crime No.360/2008 of Kottayam Gandhinagar police station to fifth respondent or any other specialised and impartial investigating agency to the conduct a fair, impartial and detailed investigation on the death of her son, aged 26 years on the night of 13/7/2008. Case of the petitioner is that there was no proper investigation at all and even though it is alleged that Aneesh was hit Wpc 24598/09 2 by a Maruti car, it was the police patrol jeep which had hit on Aneesh and caused his death and concocted stories are created to cover up the truth and therefore, a proper investigation is necessary. 2. Sub Inspector of police, Gandhinagar police station who investigated the case, filed a statement. The statement discloses that on 13/7/2008 at 1.55 a.m, deceased Aneesh was proceeding in a motor cycle KL-2U.6200 along the road at Neelimangalam. He parked the motor bike on the western side of the road and was crossing the road. At that time a Maruti car overtook the night patrol jeep at Samkranthy and knocked down Aneesh who fell down sustaining grievous injuries. The car which hit on him did not stop and proceeded towards the southern side. Police party took Wpc 24598/09 3 the injured to the hospital and he died on the way to the Medical College. Though the police jeep followed that car, it could not be traced out. Case was originally investigated by then Sub Inspector of Police. Sub Inspector who filed affidavit took over investigation on 26/10/2008. He claimed that he had conducted a proper and detailed investigation but no fruitful information could be gathered to trace the vehicle or the person who was driving that car. According to the Sub Inspector, he finally prepared a report as an undetected case and with the approval of Superintendent of Police submitted the report to the learned Magistrate on 21/3/2009. 2. Learned counsel appearing for the petitioner and learned Government Pleader were heard. Wpc 24598/09 4 3. Case diary made available by the learned Government Pleader establish that there was no proper investigation of the case. Case diary shows that the statement of the police officials recorded under Section 161 of Code of Criminal Procedure discloses that the deceased Aneesh was proceeding in a motor bike and he had parked the motor bike at Neelimangalam on the western side of the road and was crossing the road when the incident occurred. As per the version, at that time a Maruti car overtook the police jeep which was on night patrol duty and then hit on the deceased Aneesh and did not stop and fled towards the south. Though it is stated that police jeep was sent to trace that Maruti car, it could not be trace out. It is further claimed that the injured was taken to the Wpc 24598/09 5 hospital and while he was being taken, he breathed his last. 4. Statements of the police officials if believed show that they could see the deceased riding a motor bike and proceeding in front of the police jeep and then parking the motor bike on the side of the road and when the rider of the motor bike was walking across the road the Maruti car which hit on the deceased overtook the jeep, hit on the deceased and proceeded further towards the south without stopping. If the police jeep was doing night patrol duty and was proceeding along the road, it is not clear how the passengers in the jeep could narrate the entire incident. If the motor bike was proceeding in front of the police jeep, then only its passengers could unless the motorbike and narrate the story. If Wpc 24598/09 6 the motor bike had stopped on the side of the road and the rider had started to walk, the police jeep should proceed further towards the south, in which case its passengers will not have any opportunity to see what is taking place at the place of incident, unless they were looking backwards to see what happened. It is not their version. Therefore, their statements to that effect is doubtful. In the circumstances of the case and even the vehicle was not traced out so far and the needle of suspension even points towards the police jeep, it is clear that there should be a proper, fair and unbiased investigation of the case by a superior police officer. Investigation must not give room for any bais or apprehension. I do not find that in the facts and circumstances of the case entrustment of the investigation to Wpc 24598/09 7 the Central Bureau of Investigation as sought for is warranted. Instead, there could be a proper investigation by the Crime Branch headed by a Deputy Superintendent of Police. Petition is disposed directing third respondent Director General of Police to entrust the investigation of Crime No.360/2008 of Gandhinagar Police Station to the Crime Branch by constituting a team headed by an efficient Deputy Superintendent of Police. The investigation shall be conducted fairly and properly with the intention to find out the real truth and submit a final report before the Magistrate as expeditiously as possible. M.SASIDHARAN NAMBIAR, JUDGE. uj.