IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 29TH JUNE 2009 / 8TH ASHADHA 1931 WP(C).No. 15905 of 2009(Q) -------------------------------------- PETITIONER(S): ---------------------- PANIKKAVEETIL KOTTILUNGAL JABIR, PANIKKAVEETIL KOTTILUNGAL HOUSE, OVUNGAL, CHAVAKKAD, THRISSUR DISTRICT. BY ADV. SMT.S.KARTHIKA MR.M.S.UNNIKRISHNAN SMT.K.P.GEETHA MANI MR.M.R.ANISON MR.P.N.APPUKUTTAN MR.P.S.ABHISHEK RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT, DEPARTMENT OF HOME AFFAIRS, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SUB INSPECTOR OF POLICE, GURUVAYUR POLICE STATION, GURUVAYOOR. 3. THE SUPERINTENDENT OF POLICE, OFFICE OF THE SUPERINTENDENT OF POLICE, THRISSUR DISTRICT. 4. PANIKKAVEETIL KOTTILUNGAL ABDUL JALEEL, KOTTILUNGAL HOUSE, CHAVAKKAD, THRISSUR DIST. 5. THE CENTRAL BUREAU OF INVESTIGATION (CBI), REP. BY SUPERINTENDENT, OFFICE OF THE CBI, ERNAKULAM. 6. THE UNION OF INDIA, REP. BY SECRETARY TO GOVERNMENT, DEPARTMENT OF EXTERNAL AFFAIRS, CENTRAL SECRETARIAT, NEW DELHI. R1 TO R3 BY GOVERNMENT PLEADER MR.AMJAD ALI. R6 BY ADV. MR.P.PARAMESWARAN NAIR,ASST. SG. R5 BY ADV. MR.M.V.S.NAMBOOTHIRY,SC, C.B.I. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. =========================== W.P.(C).No. 15905 OF 2009 =========================== Dated this the 29th day of June,2009 JUDGMENT This petition is filed under Article 226 of the Constitution of India to issue a writ of mandamus directing 5th respondent CBI or any other Official Agency other than the Sub Inspector of Police, Guruvayur Police Station to investigate Ext.P8 crime and also to direct second respondent to conduct investigation in Crime 437/2008 and to complete the same within a specified time limit. 2. Learned Government pleader on instruction submitted that final report in Crime 437/2008 was submitted before the Judicial First Class Magistrate, Chavakkad on 19.5.2009 under section 173(2) of Code of Criminal Procedure after completing the investigation reporting that it is a mistake of fact. In such circumstance, the Writ Petition is dismissed with liberty to the petitioner to file a private complaint under section 200 of the Code of Criminal Procedure. M.SASIDHARAN NAMBIAR JUDGE tpl/- 2 M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006