IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN WEDNESDAY, THE 21ST DECEMBER 2011 / 30TH AGRAHAYANA 1933 WP(C).No. 32364 of 2011(U) -------------------------- PETITIONER: ------------------ P.K.DIVAKARAN, PUTHANUZHATHIL HOUSE, KIZHAKKANOTHARA MURI, ERAVIPEROOR,THIRUVALLA BY ADV. SRI.T.P.PRADEEP SRI.S.SREEDEV RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY, HOME DEPARTMENT,THIRUVANANTHAPURAM 695 001 2. THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM 695 001 3. THE CIRCLE INSPECTOR OF POLICE, THIRUVALLA 689 101 4. THE SUB INSPECTOR OF POLICE, THIRUVALLA POLICE STATION, THIRUVALLA 689 101 5. THE SUB INSPECTOR OF POLICE, MANANTHAVADI POLICE STATION, WAYANAD 673 121 6. CENTRAL BUREAU OF INVESTIGATION, REPRESENTED BY THE DIRECTOR CENTRAL BUREAU OF INVESTIGATION, C.G.O. COMPLEX, NEW DELHI 110 003 R1 TO R5 BY PUBLIC PROCECUTER SMT.JASMIN R6 BY ADV SRI.PCHANDRASEPHARAN PILLAI,SC, CBI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: STK WP(C).No. 32364 of 2011 APPENDIX PETITIONER EXHIBITS EXT.P1 TRUE COPY OF THE FIR NO.853/2008 DATED 13.11.2008 EXT.P2 TRUE COPY OF THE COMPLAINT'S DATED 22.11.2008 TO CHIEF MINISTER OF KERALA AND KERALA EXT.P3 TRUE COPY OF THE COMPLAINT'S DATED 06.12.2011 TO HUMAN RIGHTS COMMISSION. EXT.P4 TRUE COPY THE NEWS ITEMS PUBLISHED IN MALAYALA MANORAMA DAILY DATED 7.7.2011 EXT.P5 TRUE COPY OF THE NEWS ITEMS PUBLISHED IN MATHRUBHOOMI DAILY DATED 7.7.2011 EXT.P6 TRUE COPY THE FINAL REPORT DATED 14.11.09 EXT.P7 TRUE COPY THE COMMUNICATION TO SHO,THIRUVALLA EXT.P8 TRUE COPY THE REPRESENTATION DATED 26.09.2011 RESPONDENTS' EXHIBITS: NIL //TRUE COPY// P A TO JUDGE STK N.K. BALAKRISHNAN,J. ------------------------------------ W.P.C.No. 32364 of 2011 ------------------------------------------ Dated this the 21st day of December, 2011 JUDGMENT In the light of the report submitted by the Sub Inspector of Police who was conducting enquiry with regard to the complaint filed by the father of the deceased and the fact that the incident had taken place, even according to the police, about 3 years back, the investigation has to be conducted by CBCID. Hence R2 is directed to entrust the investigation concerning Ext.P1 and P6 to be conducted by a police officer not below the rank of Dy.S.P. of CBCID. The entire case records which are now available with the S.I. of Police, Mananthavadi and S.I. of Police Thiruvalla shall be handed over to the Dy.S.P. - CBCID as mentioned above. N.K. BALAKRISHNAN, JUDGE. smvd