IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 28TH JANUARY 2011 / 8TH MAGHA 1932 WP(C).NO. 38630 OF 2010(C) ----------------------------------------- PETITIONER(S): ------------------------- OMANA GOVINDAN, AGED 50 YEARS, PUTHEN KALAYIL, BRAHMAMANGALAM KARA, VAIKOM VILLAGE, KOTTAYAM DISTRICT. BY ADV. SMT.SANDHYA RAJU RESPONDENT(S): ---------------------------- 1. STATE REPRESENTED BY THE PUBLIC PROSECUTOR, KOCHI-31. 2. DIRECTOR GENERAL, CENTRAL BUREAU OF INVESTIGATION, TRIVANDRUM-01. 3. DIRECTOR GENERAL OF POLICE, TRIVANDRUM-695001. 4. SUPERINTENDENT OF POLICE, KOTTAYAM-686001. 5. S.I.OF POLICE, VAIKOM POLICE STATION- 686141. 6. MANEESH, AGED 29 YEARS, LAKSHMI VILASAM, BRAHMAMANGALAM P.O., VAIKOM, KOTTAYAM-686614. 7. SREEJITH, AGED 29 YEARS, MATHRUKKAALYIL, BRAHMAMANGALAM P.O., KOTTAYAM- 686614. 8. VIMAL V., EX SI OF VAIKOM POLICE STATION KOTTAYAM-686001. BY PUBLIC PROSECUTOR SMT. M.K. PUSHPALATHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== W.P(C) No.38630 of 2010 ==================================== Dated this the 28th day of January, 2011 J U D G M E N T This petition is filed by the mother of the deceased seeking to issue a writ of mandamus or any other order or direction for investigation of the case by the Central Bureau of Investigation and for other reliefs. Son of the petitioner died on 07.07.2009 following an alleged incident on 04.07.2009. Petitioner suspected involvement of one Manish in what petitioner described as suspicious death of her son. She alleged that the deceased had financial transaction with the said Manish and a few days before the incident her son told her that he has some problems with the said Manish and that if anything happens to him, Manish will be responsible for that. It is while so that the alleged incident occurred on 04.07.2009 and while undergoing treatment petitioner's son succumbed to the injuries on 07.07.2009. Petitioner apprehends that local police is not investigating the case properly and hence this petition. I have heard learned counsel for petitioner and the learned Public Prosecutor. Learned Public Prosecutor submitted that after investigation local police submitted final report in the court of learned Judicial First Class W.P(C) No.38630 of 2010 -: 2 :- Magistrate, Vaikom on December 18, 2009 alleging that Manish drove the motor cycle in a rash and negligent manner so as to endanger human life and caused the death of petitioner's son who was riding on the pillion of that motor cycle. Learned Magistrate took cognisance of the offence punishable under Section Secs.279 and 304A of the Indian Penal Code and filed the case as C.C. No.789 of 2010. 2. Since investigation has culminated in a final report it is not necessary for this Court to interfere at this stage. If at all any further or re-investigation is required petitioner can approach the learned Magistrate with appropriate application under Sec.173(8) of the Code of Criminal Procedure. Without prejudice to that right of petitioner this Criminal Miscellaneous Case is closed. THOMAS P. JOSEPH, JUDGE. vsv