IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 16TH MARCH 2011 / 25TH PHALGUNA 1932 WP(C).No. 6140 of 2011(N) ------------------------- PETITIONER: --------------- M.PANKAJAKSHI,W/O.M.GOPALAN,DOOR NO.40/ 545,NEAR CUSTOMS OFFICE, AVIKARA, KANHANGAD PO, KASARAGOD DISTRICT. BY ADV. SRI.V.G.ARUN SRI.T.R.HARIKUMAR RESPONDENTS: --------------- 1. THE DIRECTOR,CENTRAL BUREAU OF INVESTIGATION,IST FLOOR, BLOCK NO.4, C.G.O.COMPLEX, LODHI ROAD,NEW DELHI 110 003. 2. THE SUPERINTENDENT OF POLICE, CBI,SCB,III FLOOR,SAMPATH BUILDING, COLLEGE ROAD,CHENNAI 600 006. 3. MR.JAIKUMAR.S,DEPUTY SUPERINTENDENT OF POLICE,CBI/SCB/III FLOOR,SAMPATH BUILDING, COLLEGE ROAD,CHENNAI 600 006. ] ADV. SRI P CHANDRASEKHARA PILLAI FOR CBI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P JOSEPH, J. ---------------------------------------- W.P(C).No.6140 of 2011 --------------------------------------- Dated this 16th day of March, 2011 JUDGMENT This petition is filed by the mother of the deceased, Balakrishnan who was allegedly murdered on18.09.2001 at about 10.30p.m, motive being the enmity due to his having a love affair with a girl belonging to a different community and marrying her. Local police investigated the case and as per direction of this Court the Central Bureau of Investigation (for short, "the CBI”) took up investigation of the case. The CBI submitted final report (Ext-P4) arraying 5 accused persons as involved in the (alleged) murder of the said Balakrishnan. Petitioner is dissatisfied with the investigation and the final report submitted by the CBI for various reasons including that some of the main conspirators behind the incident are not yet brought to book and that though, even the final report was submitted on 11.06.2009 and in spite of arrest of the first accused on 28.07.2010, no further report under Sec.173(8) of the Code of Criminal Procedure (for short, "the Code”) has been filed in Court. Petitioner prayed for a direction to the CBI to entrust investigation to any superior officer and to ensure that the investigation is completed and final report is filed W.P(C).No.6140 of 2011 -: 2 :- within the time limit prescribed by this Court. I have heard learned counsel for petitioner and the standing counsel for the CBI. 2. At the time of argument, without prejudice to other remedy if any of the petitioner, learned counsel did not pursue the contention that some of the main conspirators are not brought to book. Learned counsel pointed out that though in the final report it is stated that in respect of the first accused who is absconding a supplemental report under sec.173(8) of the Code will be submitted on his arrest, and in spite of the first accused being arrested on 28.07.2010, no such supplemental report has been submitted by the CBI. Learned Standing Counsel for the CBI has submitted that a supplemental report concerning the first accused has been submitted before the learned Chief Judicial Magistrate, Ernakulam on 15.11.2010 and that case against first accused has been committed to the trial court on 24.01.2011. 3. In the light of the submission made by the learned Standing Counsel for the CBI no further direction or order is required in this proceeding. Recording the submission of learned Standing Counsel for the CBI, this petition is closed. (THOMAS P JOSEPH, JUDGE) Sbna/-