IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH MONDAY, THE 10TH NOVEMBER 2008 / 19TH KARTHIKA 1930 WP(C).No. 3597 of 2006(C) ---------------------------------------- PETITIONER(S): ------------------------- V.N.A.S. CHANDRAN, S/O. LATE V.N.A. SUBRAMANIAN, PROPRIETOR, TALAYAR TEA FACTORY, PANKAJAM HOUSE, 7 ROAD JUNCTION, ANNA SALAI, KODAIKANAL, DINDIGUL DISTRICT, TAMIL NADU. BY ADV. SRI.V.RAJAGOPAL SRI.P.K.RAVI KRISHNAN RESPONDENT(S): -------------------------- 1. DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM. 2. SUPERINTENDENT OF POLICE, IDUKKI DISTRICT. 3. CRIME BRANCH C.I.D., THODUPUZHA. 4. SELVARANI S.C., W/O. V.N.A.S.CHANDRAN, AGED 59 YEARS, NO.10 DAMU NAGAR, COIMBATORE. 5. SREEDHARAN C., S/O. V.N.A.S. CHANDRAN, NO.10 DAMU NAGAR, COMBATORE. 6. G. MURALI, S/O. GOVINDAN NAIR, ACCOUNTS MANAGER, TALAYAR TEA COMPANY, MUNNAR, RESIDING AT NO.6 OMAR NAGAR, MAIN ROAD, PODHANUR. 7. K. BALACHANDRAN, S/O. KRUPPIAH PILLAY, NO.6A, POST OFFICE ROAD, KRISHNASWAMI NAGAR, COIMBATORE. W.P.(C) NO.3597/2006 ADDL. R8 AND ADDL. R9 ARE IMPLEADED. 8.CENTRAL BUREAU OF INESTIGATION REP.BY ITS DIRECTOR OFFICE OF THE CENTRAL GUREAU OF INVESTIGATION , NEW DELHI. 9. SUPERINTENDENT , CENTRAL BUREAU OF INVESTIGATION, OFFICE OF THE C.B.I., KATHRIKADAVU, KOCHI. ADDL. R8 AND R9 ARE IMPLEADED AS PER ORDER DT. 6.4.06 IN IA. NO.4549/06. GOVERNMENT PLEADER SRI.NOBLE MATHEW FOR R3 SRI.S.SREEKUMAR, SC FOR CBI FOR ADDL.R8,9 SRI.SHOJAN JACOB FOR R7 SRI.M.V.S.NAMBOOTHIRY,SC, C.B.I. FOR ADDL K.R8 & 9 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH, J. ---------------------------------------------- W.P.(C) No.3597 of 2006 ---------------------------------------------- Dated 10th November, 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 writ or direction to respondents 1 to 3 to expedite the investigation fairly and properly, submit the final report under Section 173 of the Criminal Procedure Code before the competent court. (2) Issue a writ of mandamus or other appropriate writ or direction to the 3rd respondent to arrest respondents 4 to 7/accused, question them and seize the forged and fabricated documents and have the same examined by an export and do all that is required under law.” 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.3597 of 2006 ---------------------------------------------- J U D G M E N T Dated 10th November, 2008.