IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 9TH FEBRUARY 2011 / 20TH MAGHA 1932 WP(C).No. 28651 of 2010(Q) ----------------------------------------- (CRIME NO.844/09 OF VIZHINJAM POLICE STATION) PETITIONER(S): ------------------------- SHANIFA,W/O.NAZAR, PATTANI COLONY VEEDU,NEAR MOHIDEEN MOSQUE, VIZHINJAM VILLAGE,THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.R.GOPAN RESPONDENT(S): --------------------------- 1. THE DIRECTOR GENERAL OF POLICE, KERALA POLICE HEAD QUARTERS,THIRUVANANTHAPURAM. 2. THE SUB INSPECTOR OF POLICE, VIZHINJAM POLICE STATION. 3. THE CIRCLE INSPECTOR OF POLICE, VIZHINJAM CIRCLE,THIRUVANANTHAPURAM. 4. THE CENTRAL BUREAU OF INVESTIGATION, COCHIN DIVISION,ERNAKULAM. R1 TO R4 BY PUBLIC PROSECUTOR SRI. K.J.MOHAMMED ANZAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss THOMAS P. JOSEPH, J. -------------------------------------- W.P.(C) No.28651 of 2010 -------------------------------------- Dated this the 9th day of February, 2011. JUDGMENT This petition is filed by the wife of Nazar who died on 20.11.2009 at Mukkola near Vizhinjam. According to the petitioner respondent No.3 has not conducted investigation in a fair and proper manner and instead, he is trying to save the real culprits and helping them to escape from the clutches of law. It is therefore prayed that investigation of the case may be handed over to the Central Bureau of Investigation (for short, “the CBI”) or transfer the investigation to some other agency. 2. I have heard learned counsel for petitioner and the learned Public Prosecutor. 3. While learned counsel for petitioner submitted that there is no proper investigation, persons who were with the deceased at the relevant time, ie. Sudheer Khan and Alex were not questioned and that investigation has not proceeded on the correct line, learned Public Prosecutor submitted that the Sub Inspector, Vizhinjam Police Station has submitted final report in the court of the Sub Divisional Magistrate on 31.12.2009. 4. I have gone through the statement filed by the Sub Inspector who conducted investigation and relevant CD file. 5. In the statement filed by the Sub Inspector he has stated that Nazar WP(C) No.28651/2010 2 died of the injuries suffered on the head due to a fall on the road. It is stated that the said Nazar was in an intoxicated mood and that while going towards Mukkola Junction he fell down and suffered injuries. 6. I have gone through the report of postmortem examination (Ext.P2). It says about antemortem injuries found on the body of deceased. It further says that stomach contained viscid mucoid fluid having a strong alcohol like smell. The Professor and Police Surgeon who conducted postmortem examination when questioned has stated that there were five injuries on the body of deceased of which, two were on the back of head and that death was due to hemorrhage arising from the said injuries. Injury Nos. 3 to 5 (other than on the back of head) were abrasions on back of the body which could be caused on contact with any hard surface. The two injuries on the back of head proved to be fatal could be caused by falling on the back on a hard surface. She also stated that there was strong smell of liquor in the stomach and other internal organs. If on account of heavy intoxication the deceased lost self-control and fell on his back on a hard surface these injuries could be caused. It is seen from the CD file that several witnesses were questioned by the Investigating Officer in and around the scene of occurrence. Materials collected on investigation reveal that deceased and friends purchased liquor from an outlet of beverages corporation at Mukkola, consumed it at the house of Abdul Rasheed and went towards Mukkola Junction. Deceased and Abdul Rasheed were going along the road in a full drunken mood and at the place of occurrence the deceased fell down and sustained injuries. Statement of witnesses at and around the scene of WP(C) No.28651/2010 3 occurrence are also on the same way. All the witnesses have in the same tone stated that the deceased was found going along the road in a drunken mood, at the place of occurrence he fell on a motor bike and the on the road on his back. Statement given by the witnesses to the incident gets corroboration from the opinion by the Medical Officer who conducted postmortem examination. I do not find reason to depute another agency to investigate the case. 7. Learned counsel has submitted that under Section 176 of the Code of Criminal Procedure the Sub Divisional Magistrate is entitled to conduct an independent enquiry into the matter. It is also pointed out that no notice of submission of the final report before the Sub Divisional Magistrate was given to the petitioner. I make it clear that if it is so provided under law, it is open to the petitioner to take appropriate steps before Sub Divisional Magistrate as the law provides. With the above observation this petition is closed. THOMAS P.JOSEPH, Judge. cks