IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 14TH JULY 2008 / 23RD ASHADHA 1930 WP(C).No. 35995 of 2007(I) -------------------------- PETITIONER: ------------ N.P.ABDUL KHADER, S/O.PAREETH, NATHEKKADAN HOUSE, KUMMANODU, PATTIMATTOM (P.O), KUNNATHUNADU, ERNAKULAM DISTRICT. BY ADV. SRI.C.K.ABDUL RAHIM RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SUPERINTENDENT OF POLICE, CBCID, (SIG-II), ERNAKULAM. JAWAHARLAL NEHRU INTERNATIONAL STADIUM BUILDING, KALOOR, KOCHI-17. 3. THE CENTRAL BUREAU OF INVESTIGATION, REP. BY ITS DIRECTOR, NEW DELHI. BY ADV. SRI.S.SREEKUMAR, SC FOR CBI FOR R.3 GOVERNMENT PLEADER SRI.AMJAD ALI SRI.M.V.S.NAMBOOTHIRY,SC, C.B.I. FOR R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT, J ------------------------------------ W.P.(C). No.35995 of 2007 ------------------------------------- Dated this the 14h day of July, 2008 JUDGMENT The grievance of the petitioner is that in spite of the directions issued in Ext.P7 judgment, no proper investigation is being conducted by the Investigating Officer. 2. The Investigating Officer has by now filed two reports in which all the steps taken by the Investigating Officer to resolve the mystery in the crime have been narrated. It is submitted that 3 persons have been subjected to the polygraph test and it is now found necessary that they must be subjected to brain mapping and narco analysis also. The learned Government Pleader submits that it is not as though the Investigating Officer is not taking steps or is found to be deficient in the conduct of the investigation. The nature and circumstances of the case demand such thorough investigation. Though he has not been able to produce tangible results, the Investigating Officer may be permitted to continue with the investigation. He may be granted reasonable time. This Writ Petition may, in these circumstances, be dismissed now, submits the learned Government Pleader. W.P.(C). No.35995 of 2007 2 3. I find merit in the submission of the learned Government Pleader. Having perused the statements filed, I am not persuaded to agree that there is any such deficiency or inadequacy in the investigation which must prompt this Court to invoke the powers under Article 226 of the Constitution of India and direct transfer of the investigation to any other agency. 4. This Writ Petition is, in these circumstances, dismissed. I may however hasten to observe that if tangible results are not achieved within a further period of 6 months from this date and if the petitioner is not satisfied about the investigation being conducted, the option of the petitioner to make his grievance before this Court shall remain unfettered. (R.BASANT, JUDGE) rtr/-