IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 23RD SEPTEMBER 2010 / 1ST ASWINA 1932 WP(C).No. 19593 of 2010(Q) -------------------------------------- (CRIME NO.880/2009 OF THRISSUR WEST POLICE STATION) ......... PETITIONER: ------------------- RADHA, W/O.APPU, AGED 60 YEARS, RESIDING AT KIZHUTHANI HOUSE, LALOOR, ARNATTUKARA VILLAGE, THRISSUR DISTRICT. BY ADV. SRI.T.MADHU. RESPONDENTS: ------------------------ 1. THE DIRECTOR GENERAL OF POLICE, OFFICE OF THE DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM. 2. THE SUPERINTENDENT OF POLICE, THRISSUR. 3. THE CIRCLE INSPECTOR OF POLICE, THRISSUR. 4. THE STATION HOUSE OFFICER, THRISSUR WEST POLICE STATION, THRISSUR. 5. THE CENTRAL BUREAU OF INVESTIGATION, REPRESENTED BY ITS DIRECTOR, OFFICE OF THE DIRECTOR OF C.B.I., NEW DELHI. 6. THE SUPERINTENDENT OF POLICE, CENTRAL BUREAU OF INVESTIGATION, KOCHI, ERNAKULAM DISTRICT. R1 TO R4 BY GOVT. PLEADER SRI. P.A. SALIM, R5 & R6 BY SRI.M.V.S.NAMBOOTHIRY,SC, C.B.I. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/09/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. =========================== W.P.(C)No. 19593 OF 2010 =========================== Dated this the 23rd day of September,2010 JUDGMENT Petitioner is the mother of Jayaprakash, a Police Constable who was found missing from 14.11.2009. Jayaprakash was attached to Guruvayoor Police Station. This petition is filed under Article 226 of Constitution of India for a writ of mandamus directing respondents 1 to 4 to handover investigation of Crime 880/2009, to the fifth respondent Central Bureau of Investigation or to constitute a Special Investigation Team to investigate the case contending that case is not being properly investigated. 2. As directed, Circle Inspector of Police, Thrissur Town West Police Station, who is now investigating the case, filed a statement showing the details and progress of the W.P.(C)19593/2010 2 investigation. The statement reveals that Crime 880/2009 was registered under the caption 'man missing' on 30.11.2009 on a complaint filed by Sajeev, son of the petitioner, the brother of Jayaprakash stating that Jayaprakash Police Constable is missing since 14.11.2009. Additional Sub Inspector of Police, Guruvayoor Police Station conducted the initial investigation. It was revealed that Jayaprakash left Guruvayoor Police Station at about 2 p.m on 16.11.2009 after his duty was over. At about 9 p.m. Additional Woman Sub Inspector of Police, Thrissur West Police Station had seen Jayaprakash walking along, West Fort- Poonkunnam Road. Nobody else had seen him thereafter. Then Circle Inspector of Police, Shri.C.S.Shahul Hammed, took over the investigation on 2.12.2009. During the investigation, he collected information that two persons had seen a white Maruthi Swift Car on 16.11.2009 at about 11.30 p.m proceeding with a body of a person entangled underneath the vehicle. On questioning W.P.(C)19593/2010 3 them, the Investigating officer could collect the information that it was a while Maruthi Swift Car with number KL 52, which is the Code number of Ponnani Regional Transport Office. Based on that information, they located Vinu @ Vinay who had taken Maruti Swift Car KL 52A 2756 on rent from one Sumesh on 16.11.2009, along with Aswin who arranged the vehicle. It was gathered that Vinay had gone to Thrissur Town and consumed beer from a bar situated near West Fort and on returning to the house they found police conducting vehicle check. To avoid the police, the vehicle was taken through a bye-road which leads to Ayyanthole road. At that time, the car ran over the body of Jayaprakash and the body was entangled underneath the vehicle. As it was revealed that the body was taken and left at an isolated desert place near the Medical College. The police recovered parts of the body as well as the parts of the dresses. The Investigating officer, filed a report, before the court, altering the offences to one under sections W.P.(C)19593/2010 4 304, 201 and 297 read with section 34 of Indian Penal code. The statement further reveals that the body was not in a position to be identified. Therefore the parts of the body was sent for DNA examination to the Forensic Science Laboratory on 18.12.2009. The statement reveals that the report is awaited. Learned Government pleader submitted that report subsequently received revealed that the body is that of deceased Jayaprakash. 3. The question is, in such circumstances, whether the investigation is to be handedover to the Central Bureau of Investigation or any special team is to be constituted. 4.Considering the statement revealing the progress of the investigation, I do not find that it is necessary to transfer the investigation of the case to Central Bureau of Investigation as sought for. Learned counsel appearing for the petitioner submitted that in that case a special team may be constituted. But considering the progress achieved by the Investigating Officer, I W.P.(C)19593/2010 5 do not find that interest of justice warrants constitution of a Special Investigation team. But it is made clear that the third respondent has to conduct a fair and exhaustive investigation. Necessarily the question whether there was any intention to cause the death of Jayaprakash should also be examined. The second respondent, Superintendent of Police, Thrissur has to supervise the investigation. Investigation is to be completed without delay. Petition is disposed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006