IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 19TH SEPTEMBER 2008 / 28TH BHADRA 1930 WP(C).No. 3336 of 2006(V) ------------------------------------ PETITIONER: ------------------ AYYAPPAN KUTTY, AGED 52 YEARS, MANACKANIRAPPEL HOUSE, NADUCRUZ, THIRUVANIYOOR. BY ADV. SRI.C.K.ABDUL RAHIM RESPONDENTS: ---------------------- 1. STATE OF KERALA, REP. BY HOME SECRETARY TO THE GOVERNMENT, HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM. 3. COMMISSIONER OF POLICE, KOCHI CITY. 4. C.I. OF POLICE, TRIPUNITHURA POLICE STATION, TRIPUNITHURA. 5. S.I. OF POLICE, KARIMUGAL POLICE STATION, KARIMUGAL. 6. SUPERINTENDENT OF POLICE, CRIME BRANCH, ERNAKULAM DIVISION. 7. SUPERINTENDENT OF POLICE, CENTRAL BUREAU OF INVESTIGATION, TRIVANDRUM. GOVERNMENT PLEADER SRI.MOHAMMED ANZAR.K.J. FOR R1 TO R6 ADV. SRI.M.V.S.NAMBOOTHIRY,SC, C.B.I. FOR R7 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/09/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ KURIAN JOSEPH, J. ---------------------------------------------- W.P.(C) No.3336 of 2006 ---------------------------------------------- Dated 19th September, 2008. J U D G M E N T The writ petition is filed mainly with the following prayers :- “(1) Issue a writ of mandamus or any other appropriate order or direction and thereby direct the 1st and 2nd respondents to hand over the investigation in respect of Crime No.5/2003 of Karimugal Police Station to the 6th or 7th respondents.” (2) Issue a writ of mandamus or any other appropriate order or direction and thereby direct the 6th and 7th respondent to complete the investigation within the time stipulated by this court.” In view of the decision of the Supreme Court in Sakiri Vasu v. State of U.P. and Others (2008(2) KHC 13), it is for the petitioner to approach the Magistrate of competent jurisdiction, in which case, the investigation can be continued under the supervision of the said court. The writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. tgs KURIAN JOSEPH, J ---------------------------------------------- W.P.(C) No.3336 of 2006 ---------------------------------------------- J U D G M E N T Dated 19th September, 2008.