IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 30TH JULY 2009 / 8TH SRAVANA 1931 WP(C).No. 15454 of 2009(Q) --------------------------------------- C.M.P.611/2009 OF JUDICIAL FIRST CLASS MAGISTRATE-I, VARKALA. ............. PETITIONER(S): --------------------- LAJU, S/O.KUTTAPPAN, MANGALAVIL VEEDU, MALANCHIRA, CHAVARCODE, NAVAIKULAM, CHIRAYINKIL TALUK. BY ADV. MR.M.DINESH RESPONDENT(S): ------------------------- 1. DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, VELLAYAMBALAM, THIRUVANANTHAPURAM. 2. SUPERINTENDENT OF POLICE, THIRUVANANTHAPURAM. 3. DEPUTY SUPERINTENDENT OF POLICE, C.B.C.I.D., THIRUVANANTHAPURAM. R1 TO R3 BY GOVERNMENT PLEADER MR.B. VINOD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. M.Sasidharan Nambiar, J. -------------------------- W.P.(C)No.15454 of 2009 Q -------------------------- JUDGMENT This petition is filed under Article 226 of Constitution of India for a writ of mandamus or direction to the respondents to constitute a special investigation team of Police Officers headed by Superintendent of Police to take over the investigation in Crime No.212/2008 of Kallambalam Police Station or a direction to take over the investigation by the CBI. 2. Learned counsel appearing for the petitioner and learned Government Pleader were heard. 3. The statement filed by the second respondent establishes that investigation is being proceeded with earnestness. In such circumstances, no interference is warranted at this stage. The statement shows that suspect Maniyan is to be taken for Narco Analysis and it is fixed from 20.7.2009 to 24.7.2009. Learned Government Pleader submitted 2 that even today, the Narco Analysis test is in progress. In such circumstances, petition is dismissed. It is made clear that if the petitioner is having any grievance as against the investigation, as held by the Apex Court in Sakiri Vasu v. State of U.P. (2008 (1) KLT 724), he is at liberty to approach the concerned Magistrate under Section 156(3) of Code of Criminal Procedure for appropriate direction. 30th July, 2009 (M.Sasidharan Nambiar, Judge) tkv