IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 22ND FEBRUARY 2011 / 3RD PHALGUNA 1932 WP(C).No. 3737 of 2011(N) -------------------------------------- CRIME NO.867/2002 OF KASARAGODE POLICE STATION. ........................ PETITIONER(S): ------------------------ MUHAMMED HANEEF. K.A., S/O.ABDUL RAHMAN, ERIYAL HOUSE, KUNHIKANAM, MUTTATHODI, KASARGODE DISTRICT. BY ADV. SRI.BABU S. NAIR, SMT.M.T.SHEEBA, SRI.P.A.RAJESH, SRI.K.RAKESH. RESPONDENT(S): --------------------------- 1. THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, TRIVANDRUM, PIN-695 001. 2. THE CENTRAL BUREAU OF INVESTIGATION, REPRESENTED BY THE SUPERINTENDENT OF POLICE, C.B.I., COCHIN UNIT, KATHRIKADAVU, COCHIN, PIN-682 016. 3. THE SUPERINTENDENT OF POLICE, C.B.C.I.D., KOZHIKODE-673 001. 4. THE STATION HOUSE OFFICER, KASARAGODE POLICE STATION, KASARAGODE-671 121. R1, R3 & R4 BY PUBLIC PROSECUTOR MR.K.J. MOHAMMED ANZAR. R2 BY ADV. MR.P. CHANDRASEKHARAN PILLAI, SC, CBI. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/02/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs THOMAS P. JOSEPH, J. -------------------------------------- W.P.(C). No.3737 of 2011 -------------------------------------- Dated this the 22nd day of February, 2011. JUDGMENT This petition is for entrustment of investigation of the case to the Central Bureau of Investigation (for short, “the CBI”). Petitioner's friend, Abdul Rahman was murdered in his house sometime between 25.09.2002, 11 p.m. and 26.09.2002, 6 a.m.. The Kasaragod Police registered Ext.P1, FIR and started investigation for offence punishable under Section 302 of the Indian Penal Code. Investigation was later handed over to the Kasaragod Branch of the Crime Branch and then to the Kannur Branch of the same wing. According to the petitioner, in spite of the above, investigation has not progressed and still the cause of death or the assailant could not be ascertained. The Investigation Team is groping in the dark on these matters. The incident having taken place in the year 2002, the case is to be handed over the CBI for investigation. Learned counsel has referred to me various circumstances which according to the petitioner raises suspicion regarding cause of death involving inmates of the house of the deceased. Learned Public Prosecutor submitted that at one stage of the investigation the State Government was in agreement to hand over investigation to the CBI. But, the CBI officials who perused the CD file were of the opinion that it is not a case which should be taken over by it. Presently, case is being investigated by the Detecting Inspector of CBCID, H&HW-III, Kozhikode. The Additional Director General of Police (Crimes) has perused the case file and WP(C) No.3737/2011 2 has given instructions to the Investigating Team by order No.95/Camp/ADGP CR/2010 dated 9.12.2010. Those instructions are being carried out by the Investigating Team. 2. The mahazar for scene of occurrence prepared by the local Police revealed that the body of the deceased was found in his bed room on the ground floor of the house. It was also found that outer door of the first floor was seen broke open . According to the learned counsel, that was apparently a bid made by the inmates of the house to make it appear that somebody from outside had entered the house by breaking open the door of first floor and committed the crime. Broken piece of the door was collected and sent for scientific examination. The Examiner has given Ext.P4, report opining that evidence of forcible opening of the door frame was not detected. That according to the learned counsel indicated that the thief is within the ship itself, either the inmates or somebody with the knowledge of the inmates has committed the crime. Learned counsel has also invited my attention to Ext.P5, report submitted by the Superintendent of Police, CBCID, Kannur where it is stated that the said Officer was not persuaded to believe statement of some of the inmates of the house and reached certain conclusions which pointed the needle of suspicion to the inmates of the house. 3. On going through the relevant records produced before me, I do not think that this is a case to be handed over to the CBI for investigation, for, it does not involve any national or international ramifications, nor is there reason WP(C) No.3737/2011 3 to hold that the present Investigating Agency has not done their job in the proper manner so that the confidence of public in the investigation by the State Police is eroded. Learned Public Prosecutor has referred to me a report given by Shri C.M.Pradeep Kumar, Superintendent of Police, CBCID, H&HW-III, Kozhikode to him stating about the present stage of the investigation. That Officer has stated that earnest effort is being made to trace truth and that the said Officer has visited the scene of occurrence and questioned witnesses including relatives of the deceased. Presently, investigation is being conducted by the Detective Inspector attached to the CBCID, H&HW-III, Kozhikode. Having regard to the circumstances and going through the report of the Superintendent of Police referred above I am inclined to think that further investigation could be conducted by the Superintendent of Police himself whose report referred to above shows that he is already conversant with the facts of the case and investigation so far conducted. Appropriate orders in that regard shall be issued by the Additional Director General of Police (Crimes). Resultantly this petition is disposed of in the following lines: i. It is directed that investigation of the case shall be conducted/continued by the Superintendent of Police, CBCID, H&HW-III, Kozhikode. WP(C) No.3737/2011 4 ii. It is open to the said Officer to constitute a team of officials for investigation co-opting to such of the officers who are now conducting the investigation so that continuity of investigation is not lost. iii. The Additional Director General of Police (Crimes), Thiruvananthapuram is directed to issue necessary orders in the above lines within two weeks from the date of receipt of a copy of this judgment and render all assistance to the team of officials headed by the Superintendent of Police, CBCID, H&HW-III, Kozhikode for continued investigation of the case. iv. Petitioner shall provide a copy of this judgment to the Additional Director General of Police (Crimes), Thiruvananthapuram immediately. THOMAS P.JOSEPH, Judge. cks