IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 3RD NOVEMBER 2008 / 12TH KARTHIKA 1930 WP(C).No. 3999 of 2005(A) ------------------------- PETITIONER(S): --------------- 1. CHANDROTH RAVEENDRAN MASTER, S/O.KUNHIRAMAN, AGED 44 YEARS, SNEHAM, PAZHASSI AMSOM, MANAKAYI DESOM, KANNUR DISTRICT. 2. C.K.LOHITHAKSHAN, ADVOCATE, MATTANNUR, KANNUR DISTRICT. BY ADV. SRI.CIBI THOMAS RESPONDENT(S): --------------- 1. THE CIRCLE INSPECTOR OF POLICE, MATTANNUR POLICE STATION, KANNUR DISTRICT. 2. DEPUTY SUPERINTENDENT OF POLICE, CBCID, KANNUR. 3. STATE OF KERALA, REP. HOME SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. ADV. SRI.S.SREEKUMAR, SC FOR CBI SRI.JOHN VARGHESE. SRI.M.V.S.NAMBOOTHIRY,SC, C.B.I. FOR ADDL.R4. BY GOVERNMENT PLEADER SRI. AMJAD ALI FOR R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - W.P.C.No. 3999 of 2005 A - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of November, 2008 JUDGMENT The first petitioner is a Councilor in the local Municipality. He is the informant in a crime registered alleging offences punishable, inter alia, under Section 302 I.P.C. The second petitioner is an Advocate and social worker in the locality. He is a neighbour of the three persons, who were seen murdered on 7.4.2003. The allegation is that three elderly persons, who were the occupants of a house, were found murdered on 7.4.2003. Crime was registered alleging offences punishable, inter alia, under section 302 I.P.C. The local police conducted the initial investigation from 7.4.2003 to 25.6.2003. On 25.6.03 the investigation was entrusted to the CB CID, Kannur. Though a period exceeding five years has elapsed from the date when CB CID took over the investigation, no tangible clue has been obtained nor have the alleged offenders been identified. In these circumstances the petitioners have come to this Court with a W.P.C.No. 3999 of 2005 2 prayer that there may be a direction to entrust the investigation to any more competent, efficient and safer hands. They have, of course, prayed that the investigation may be entrusted to the Additional 4th respondent, i.e. the C.B.I. 2. The learned Govt. Pleader, after taking instructions, submits that the respondent is satisfied that the investigation can now be entrusted to a more specialised wing of C.B.C.I.D. viz. the C.B. CID SIG-III, Calicut. Necessary orders shall be issued if the court so directs, submit the Government Pleader. 3. I accept the offer made by the learned Govt. Pleader on behalf of the respondent. I am satisfied that the investigation into the crime in question can be ordered to be handed over to the C.B.C.I.D. S.I.G.-III, Calicut. The Director General of Police shall issue necessary orders. Investigation shall forthwith be taken over by the C.B.C.I.D. S.I.G.-III, Calicut. The said team of investigators shall ensure that the investigation is commenced as expeditiously as possible and a final report is filed thereafter within a period of six months. The petitioners' option to approach this Court again with appropriate W.P.C.No. 3999 of 2005 3 application shall remain unfettered. Within a period of one month from this date, necessary orders shall be issued by the Director General of Police and a copy of the order shall be placed before this Court for perusal. 4. This Writ Petition is allowed as above. (R. BASANT) Judge tm