IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 1ST JULY 2009 / 10TH ASHADHA 1931 WP(C).No. 12250 of 2009(Q) ---------------------------------------- CMP.NO.1394/2008 OF JUDICIAL FIRST CLASS MAGISTRATE COURT II, THIRUVANANTHAPURAM. ........... (CRIME NO.584/2007 OF FORT POLICE STATION) PETITIONER(S): ------------------------ JAGAL JAYAN, TC.36/942, CRA-236, CHEMPAKASSERY LINE, SUBHASH NAGAR, VALLAKKADAVU P.O., THIRUVANANTHAPURAM. BY ADV. MR.A.RAJASIMHAN RESPONDENT(S): ---------------------------- 1. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVT., HOME DEPARTMENT, GOVT.SECRETRIAT, THIRUVANANTHAPURAM. 2. DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM. 3. CENTRAL BUREAU OF INVESTIGATION, NEW DELHI, REPRESENTED BY ITS DIRECTOR, 4. CIRCLE INSPECTOR OF POLICE, FORT POLICE STATION, THIRUVANANTHAPURAM. R1,R2 & R4 BY PUBLIC PROSECUTOR MR. GIKKU JACOB R3 BY ADV. MR.M.V.S.NAMBOOTHIRY,SC, C.B.I. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/07/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.Sasidharan Nambiar, J. -------------------------- W.P.(C)No.12250 of 2009 Q -------------------------- JUDGMENT This petition is filed under Article 226 of the Constitution of India for a direction to the third respondent to investigate into the murder of Deepulal, son of the petitioner. Deepulal was murdered on 30.9.2007 at 9 p.m. Exhibit P1 FIR was registered and Crime No.584/07 of Fort Police Station is being investigated with respect to the murder. The case of the petitioner is that police is not investigating the case properly and in spite of Exhibit P15 communication received by the petitioner from the Director General of Police that the case will be investigated by an Officer not below the rank of Deputy Superintendent of Police, the case is being investigated by a Circle Inspector of Police and the motive as alleged by the Investigating Officer is not correct and therefore, the case is to be investigated properly WPC 12250/09 2 and if necessary it is to be handed over to the CBI. 2. Learned counsel appearing for the petitioner and learned Government Pleader were heard. 3. Learned counsel appearing for the petitioner pointed out that statement as directed by the Court filed by the Circle Inspector of Police, Fort Police Station show that he is investigating the case and it is against the assurance given in Exhibit P15 communication received from the Director General of Police stating that the case will be investigated by an Officer not below the rank of Deputy Superintendent of Police. Learned counsel also argued that the motive alleged is not the one now propounded by the Investigating Officer, namely, a gang war, and it was committed by the in-laws of the deceased and therefore, it is necessary to investigate the case properly and the real culprits are to be brought before the court. WPC 12250/09 3 4. Learned Public Prosecutor submitted that police has investigated the case properly and as seen from the statement, investigation is almost complete and final report will be filed within one month and out of the persons alleged by the petitioner as culprits, on investigation, it is found that six were involved and others are not involved, but some others are also involved apart from the accused persons alleged by the petitioner and there is no attempt to suppress the true facts and therefore, there is no necessity to entrust the investigation to the CBI or to direct any further investigation. 5. On hearing the learned counsel and going through the statement filed by the Investigating Officer, I find no reason either to entrust the investigation to the CBI or to direct a further investigation. It is seen from the statement that complaint raised by the petitioner against the alleged culprits was also properly investigated and WPC 12250/09 4 six of them were found involved and a final report will be filed as against them. It is also revealed that the suspicion raised by the petitioner as against some others, on investigation, are found not involved. If the case of the petitioner is that others are also involved in the case and the motive alleged by the Investigating Officer is not correct, petitioner is at liberty to file a private complaint before the learned Magistrate. With that liberty this petition is dismissed. 1st July, 2009 (M.Sasidharan Nambiar, Judge) tkv