IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 14TH FEBRUARY 2011 / 25TH MAGHA 1932 WP(C).No. 29748 of 2010(Q) ---------------------------------------- PETITIONER(S): ----------------------- M.K.SASI,CONVENER, CHANGARAMKANDI SUJITHLAL ACTION COMMITTEE, AAKKAL PO, KAVILUMPARA (VIA)-673513,KOZHIKODE DISTRICT. BY ADV. SRI.C.A.MAJEED SRI.K.H.ASIF RESPONDENT(S): -------------------------- 1. STATE OF KERALA REPRESENTED BY HOME SECRETARY, SECRETARIAT,THIRUVANANTHAPURAM.695 001 2. DIRECTOR GENERAL OF POLICE,POLICE HEAD QUARTERS,VAZHUTHACADU,THIRUVANANTHAPURAM.695 001 3. DEPUTY SUPDT.OF POLICE, VADAKARA, KOZHIKODE DISTRICT.673 508 4. C.I.OF POLICE, KUTTIYADI P.O, KOZHIKODE DISTRICT-673 508. 5. SUB INSPECTOR OF POLICE, THOTTILPALAM, KAVILUMPARA PO,673513, KOZHIKODE DISTRICT- R1 TO R5 BY PUBLIC PROSECUTOR SMT. M.K.PUSHPALATHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts THOMAS P JOSEPH, J. ---------------------------------------- W.P(C).No.29748 of 2010 --------------------------------------- Dated this 14th day of February, 2011 JUDGMENT Petitioner is the convener of an Action Counsel formed pursuant to the death of one Sujithlal under suspicious circumstances. Dead body of the said Sujithlal was found in an unused well belonging to Abdul Ameen on 26.09.2009 at 8 a.m. The Sub Inspector, Thottilpalam and later the Circle Inspector conducted investigation. While so, a report was submitted before the Sub Divisional Magistrate concerned. At that stage petitioner has filed this petition seeking direction to entrust Investigation to the Crime Branch. 2. I have heard learned counsel for petitioner and the learned Public Prosecutor. Learned Public Prosecutor submitted that as per order No.D1/48895/2010/DR dated 19.11.2010 the Superintendent of Police, Kozhikode (Rural) has entrusted investigation to the Dy.S.P, Vadakara who has submitted report before the Sub Divisional Magistrate, Kozhikode for sanction to reopen the case. 3. The Dy.S.P has filed a counter affidavit where it is stated that vide the order referred above, investigation has been Crl.M.C.No.29748 of 2010 -: 2 :- entrusted to him and on getting sanction from the Sub Divisional Magistrate the case will be further investigated. 4. Now that the investigation has been entrusted to a senior officer, there is no reason why at this stage investigation must change. Assuming that the same Dy.S.P had been in the investigation team earlier, I am inclined to think that he will continue further investigation without any pre-conceived notion regarding the cause of death. In that view of the matter I do not find reason to issue any direction at this stage, leaving it open to the petitioner if circumstances warranted to approach the Judicial Magistrate concerned after commencement of further investigation. Resultantly this criminal miscellaneous case is disposed of recording the submission of learned Public Prosecutor that the Dy.S.P, Vadakara has been entrusted with further investigation of the case and that on getting sanction from the Sub Divisional Magistrate, Kozhikode that officer will conduct further investigation. (THOMAS P JOSEPH, JUDGE) Sbna/-