IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 21ST JANUARY 2008 / 1ST MAGHA 1929 WP(C).No. 37967 of 2007(T) -------------------------- PETITIONER: ------------ 1. YOUSUF, S/O. MAKKAR, CHALIL HOUSE, AZHIKODE P.O.,KODUNGALLUR TALUK. 2. MOHAMMED ASHRAF V.S., S/O.SAIDALAVI, VADAKKEVEETTIL HOUSE, AZHIKODE P.O., KODUNGALLUR TALUK. BY ADV. SRI.K.A.JALEEL RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HOME DEPARTMENT, SECRETARIATE,THIRUVANANTHAPURAM. 2. THE SUB INSPECTOR OF POLICE, KODUNGALLUR. 3. THE DIRECTOR, CENTRAL BUREAU OF INVESTIGATION, NEW DELHI. BY ADV. SRI.S.SREEKUMAR, SC FOR CBI PUBLIC PROSECUTOR SRI. K.S. SIVAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR, J ...................................... W.P. (C) No. 37967 of 2007 ...................................... Dated: 21st January 2008 JUDGMENT In this petition filed under Art. 226 of the Constitution of India, the petitioner seeks for a direction to the 3rd respondent , Director, Central Bureau of Investigation, New Delhi, to constitute a team of higher officers of the c.B.I. and entrust the investigation of Crime No. 106 of 2005 with them for an expeditious , fair and impartial investigation into the cause of death of the petitioner's father who according to the petitioner was brutally tortured to death by the sub Inspector of Police, Kodungallur. The conclusion of the State Police was that the death of the petitioner's father was not on account of police torture but on account of cardiac respiratory shock. Dissatisfied with the investigation by the State Police , the petitioner had filed W.P.(C) No. 35253 of 2004 before this court to entrust the investigation with the C.B.I. As per Ext.P7 judgment dated 20-6-2006 this court allowed the W.P. (C) No. 37967 of 2007 -:2:- said Writ Petition and ordered the C.B.I. to conduct further investigation. The grievance of the petitioner is that no effective investigation has been conducted by the C.B.I. 2. The learned Standing Counsel for the C.B. I. submitted that further investigation has been conducted by the C.B.I. and they have filed a refer report endorsing the same conclusion as that of the State Police and notice of the refer report is being sent to the petitioner. If , the petitioner is aggrieved by the refer report a copy of which will be received by him either from the C.B.I. or from the Court before which refer report is filed, the petitioner can decide about the further course of action, if any, in the matter. Recording the submission made on behalf of the C.B.I. this Writ petition is closed. V.RAMKUMAR, (JUDGE). ani W.P. (C) No. 37967 of 2007 -:3:-