IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 2ND DECEMBER 2010 / 11TH AGRAHAYANA 1932 WP(C).No. 11833 of 2010(Q) --------------------------------------- PETITIONER(S): ----------------------- RAJAMMA, AGED 73 YEARS, VETTIVILA PUTHAN VEEDU, PACHALLOOR, NALAMATHE KALLU, THIRUVALLAM P.O., THIRUVANANTHAPURAM. BY ADVS. SRI.SUMAN CHAKRAVARTHY SMT.BINDU GEORGE RESPONDENT(S): ------------------------- 1. THE STATE OF KERALA, REP.BY ITS SECRETARY, HOME DEPT., GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR GENERAL OF POLICE KERALA, PHQ,THIRUVANANTHAPURAM. 3. THE CENTRAL BUREAU OF INVESTIGATION(CBI) REP.BY ITS DIRECTOR, NEW DELHI. 4. THE DEPUTY SUPERINTENDENT OF POLICE, CRIME BRANCH CBCID, THIRUVANANTHAPURAM. 5. THE SUB INSPECTOR OF POLICE, NABI KARIM POLICE STATION, NEW DELHI. R1 & R2, R4 BY GOVERNMENT PLEADER SRI.P.A.SALIM R3 BY ADV. SRI.M.V.S.NAMBOOTHIRY,SC, C.B.I. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts M.Sasidharan Nambiar, J. -------------------------- W.P.(C)No.11833 of 2010 Q -------------------------- JUDGMENT Petitioner, the mother of deceased Sivanandan, filed this petition under Article 226 of Constitution of India for a writ of mandamus directing transfer of investigation of Crime No. 119/2007 of Fort Police Station to a competent officer of CBCID for a proper, effective and expeditious investigation, contending that due to want of proper investigation, the real culprit cannot be found out and the investigation is not satisfactory. 2. Circle Inspector of Police, Fort Police Station, filed a statement showing the progress of the investigation. As per the statement, Sivanandan, who was engaged in the sale of handicrafts at Krishna Lodge near New Delhi Railway Station fell unconscious at about 9 p.m. and was taken to Sanjeevani Hospital, New Delhi. On WPC 11833/10 2 examination, he was found dead. The matter was reported to Nabikarim Police Station and it was registered as D.D.No.114 dated 24.2.2007. After conducting an inquest, body was sent to Moulana Azad Medical College, New Delhi for autopsy. After the autopsy, body was sent to Thiruvananthapuram for cremation. When it reached Thiruvananthapuram, relatives of the deceased raised doubt regarding the cause of death and the matter was reported to Fort Police Station on 26.2.2007 and after recording the statement of Chandran Asari, brother of the deceased, Crime No.119/2007 of Fort Police Station was registered under Section 174 of Code of Criminal Procedure. An inquest was conducted and body was sent for re-postmortem examination to Medical College Hospital. During postmortem, viscera was collected at Moulana Azad Medical College, New Delhi and sent for chemical examination. While re-postmortem was conducted at Thiruvananthapuram also, viscera was collected and WPC 11833/10 3 sent for chemical examination. It is stated that postmortem certificate from Moulana Azad Medical College was also obtained and the case is properly being investigated and the result of viscera examination is awaited. 3. Learned counsel appearing for the petitioner and learned Government Pleader were heard. 4. Learned counsel appearing for the petitioner submitted that as the death was at New Delhi, State Police cannot properly investigate the case and in any case, even though the case was registered in 2007, till now, even the report of chemical analysis, on examination of the viscera collected at New Delhi, was not obtained. In such circumstances, investigation is to be transferred to CBCID. 5. Learned Government Pleader submitted that subsequently, report of the chemical examination of the viscera collected at the time of autopsy conducted at Thiruvananthapuram was received and a WPC 11833/10 4 final report could be submitted. It is also submitted that chemical examination report of the viscera collected at the time of first autopsy at New Delhi is not so far received by the investigating officer. Considering the entire facts and circumstances of the case, I find that in the interest of justice, investigation is to be transferred to CBCID as sought for, for an effective and impartial investigation. Petition is allowed. Second respondent is directed to entrust investigation of Crime No. 119/2007 of Fort Police Station to CBCID to be investigated by a competent officer, not below the rank of Deputy superintendent of Police, effectively and expeditiously. 2nd December, 2010 (M.Sasidharan Nambiar, Judge) tkv