IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 8TH JULY 2009 / 17TH ASHADHA 1931 WP(C).No. 28230 of 2007(I) -------------------------------------- (CRIME NO.59/06 OF VILAPPILSALA POLICE STATION) ........ PETITIONER(S): ------------------------ RAJAYYAN, R.S.BHAVAN, CHACHIYODE, VILAPPILSALA P.O., THIRUVANANTHAPURAM. BY ADV. MR.D.KISHORE RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM. 3. THE DISTRICT SUPERINTENDENT OF POLICE, THIRUVANANTHAPURAM RURAL, THIRUVANANTHAPURAM. 4. THE SUB INSPECTOR OF POLICE, VILAPPILSALA POLICE STATION, THIRUVANANTHAPURAM. 5. THE CENTRAL BUREAU OF INVESTIGATION, REPRESENTED BY ITS DIRECTOR, NEW DELHI. R1 TO R4 BY GOVERNMENT PLEADER MR.THOMAS AMBOOKAN R5 BY ADV. MR.S.SREEKUMAR, SC FOR CBI MR.M.V.S.NAMBOOTHIRY,SC, C.B.I. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.28230/2007 I APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE FIR IN CRIME NO.59/06 OF VILAPPILSALA POLICE STATION. P2: PORT MORTEM CERTIFICATE DTD. 16/03/2006. P3: COPY OF THE REPRESENTATION DTD. 10/04/2006 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. P3(A): COPY OF THE ACKNOWLEDGEMENT CARD EVIDENCING THE ACCEPTANCE OF EXT.P3. P4: COPY OF THE REPRESENTATION DTD. 10/04/2006 SUBMITTED BEFORE THE 2ND RESPONDENT. P4(A): COPY OF THE ACKNOWLEDGEMENT RECEIPT EVIDENCING THE ACCEPTANCE OF EXHIBIT P4 BY THE 2ND RESPONDENT. P5: COPY OF THE REPRESENTATION DTD. 10/04/2006 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. P5(A): COPY OF THE ACKNOWLEDGEMENT RECEIPT EVIDENCING THE ACCEPTANCE OF EXHIBIT P5 BY THE 1ST RESPONDENT. P6: COPY OF THE STATEMENT FILED BY THE 4TH RESPONDENT IN WPC.NO.15458/06. P7: COPY OF THE JUDGMENT IN WPC.NO.15458/06 OF THIS HONOURABLE COURT. P8: COPY OF THE STATEMENT FILED BY 3RD RESPONDENT IN CONT.CASE 1023/07. P9: COPY OF THE JUDGMENT DTD. 16/08/2007 IN CONT.CASE 1023/07. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss M.SASIDHARAN NAMBIAR,J. =========================== W.P.(C).No. 28230 OF 2007 =========================== Dated this the 8th day of July,2009 JUDGMENT Baiju, son of the petitioner died under suspicious circumstance on 16.3.2006. His body was found hanging on a rubber tree. Ext.P1 First Information Statement was recorded and Crime No.59/2006 of Vilappilsala Police Station was registered under section 174 of Code of Criminal Procedure under the caption unnatural death. On the night of 15.3.2006, there was an incident involving deceased Baiju and in respect of that incident a separate crime was registered. While the case was under investigation, petitioner filed W.P.(C) 15458/2006 for a direction to respondents 1 to 3 to consider Ext.P5 representation, for investigation of the case by Crime Branch CID. Under Ext.P7 judgment Superintendent of Police, Thiruvananthapuram(Rural) was directed to examine Ext.P3 representation within one month. On the failure of third respondent to comply with the same, petitioner filed Contempt Case 1023/2007. Ext.P8 statement was filed therein that investigation is entrusted to the Dy.Superintendent of W.P.(C)282230/2007 2 Police and a charge sheet has already been submitted in the other case, where deceased Baiju sustained injuries. This petition is filed under Article 226 of the Constitution of India for a writ of mandamus directing respondents 2 to 4 to handover investigation of Crime 59/2006 to the fifth respondent CBI. 2. Learned counsel appearing for the petitioner and learned Government pleader were heard. 3. Learned Government pleader submitted that the final report in Crime 59/2006 of Vilappilsala Police Station registered under Ext.P1 F.I.R under caption, unnatural death, under section 174 of Code of Criminal Procedure was submitted before Sub Divisional Magistrate as early as 26.2.2007. In such circumstance, remedy of the petitioner is to file a private complaint before the concerned Magistrate. With that liberty, petition is disposed of. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006