IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 2ND DECEMBER 2008 / 11TH AGRAHAYANA 1930 WP(C).No. 30378 of 2008(N) -------------------------- PETITIONER(S): --------------- M.K.PREMA, AGED 62 YEARS, W/O.LATE MUNJAPPA P., ADVOCATE, NEAR TALUK OFFICE, KASARAGOD VILLAGE, KASARGOD DISTRICT. BY ADV. SRI.P.G.THAMPI(SR.) RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY ADDL. CHIEF SECRETARY, (HOME & VIGILANCE), SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR GENERAL OF POLICE (LAW AND ORDER), POLICE HEAD QUARTERS, THIRUVANANTHAPURAM. 3. THE SUPERINTENDENT OF POLICE, KASARAGOD 4. THE CIRCLE INSPECTOR OF POLICE, KUMBALA, KASARAGOD. 5. THE DIRECTOR, CENTRAL BUREAU OF INVESTIGATION, REPRESENTED BY ITS STANDING COUNSEL, HIGH COURT OF KERALA. ADV. SRI.M.V.S.NAMBOOTHIRY,SC, C.B.I. FOR R5 GOVERNMENT PLEADER SRI.P.RAVEENDRA BABU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT, J. ---------------------- W.P.C.No.30378 of 2008 ---------------------------------------- Dated this the 2nd day of December 2008 J U D G M E N T The petitioner is the mother of the deceased person in crime No.304/2008 of Kasargod police station. Investigation into that crime is now being conducted inter alia under Sections 302 and 153A I.P.C. Investigation is not complete yet. The petitioner has come to this court with the grievance that no proper investigation is being conducted. According to the petitioner, the investigators are not investigating into the conspiracy dimension of the case and are satisfied by arraying six persons who were allegedly responsible for direct overt acts only. It is the case of the petitioner that a proper investigation has not been conducted. The deceased was a young lawyer practising in the courts at Kasargod. He had political activities also. 2. The learned Public Prosecutor opposes the application and submits that a proper investigation is being conducted. The learned Public Prosecutor was requested to place the case diary before the court. I have gone through the case diary. I shall W.P.C.No.30378/08 2 carefully avoid any detailed discussion on the contents of the case diary or the result of the investigation so far. After having carefully evaluated all the relevant circumstances, I am satisfied that there is imminent and urgent necessity of investigating into the conspiracy dimension in this case. I note that though there are indications about such conspiracy and the investigating officer appears to have been cognizant of that dimension, specific efforts to go up the stream and trace the conspirators, if any, have not been undertaken yet. The learned Public Prosecutor submits that the first accused has been arrested only recently and that the present investigating officers have no intention of not investigating into that dimension of the case also. 3. Be that as it may, I am certainly satisfied, after going through the case diary that the investigation deserves to be entrusted to more senior, efficient and specialised personnel. I am, in these circumstances, satisfied that it will only be appropriate to direct that investigation must be continued by the Superintendent of Police, CBCID, Kannur. He shall conduct the investigation under his direct superintendence and control. The W.P.C.No.30378/08 3 Additional D.G.P (Crimes) shall also oversee the investigation personally and the final report shall be filed only after approval of the ADGP (Crimes). 4. The learned Public Prosecutor points out that it may become necessary to direct investigation of certain connected cases also to be investigated along with this crime. Necessary orders to this effect can be issued by the superior officers. 5. In the result, a) This petition is allowed. b) Investigation into crime No.304/2008 of Kasargod police station shall be continued by the Superintendent of Police, CBCID, Kannur and shall be overseen by the A.D.G.P (Crimes) and the final report in the case shall be filed only after the A.D.G.P (Crimes) approves the same. (R.BASANT, JUDGE) jsr W.P.C.No.30378/08 4 W.P.C.No.30378/08 5 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007