BY AD vs SRI.S.RAJEEV

CENTRAL BUREAU OF INVESTIGATION REPRESENTED BY ITS STANDING COUNSEL, HIGH COURT OF KERALA, ERNAKULAM - 682 031. ADDL.R8 BIJU @ THAMPI, AGED 45 YEARS, S/O LALITHA, KUNNUMPURATH HOUSE, AMBALAKUNNU, VILAKKUVETTOM PO, PUNALUR, KOLLAM -691331 ADDL.R8 IS IMPLEADED AS PER ORDER DATED 08.04.2025. BY ADVS. R.REJI KUMAR P.R.JAYAKRISHNAN SREELAL WARRIAR K.P.SATHEESAN (SR.)(S-242) OTHER PRESENT: SRI.M.P. PRASANTH, PP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).NO.7170 OF 2015 3 J U D G M E N T The petitioner is the victim / son of the deceased in S.C. No.797/2019 on the files of the Additional District and Sessions Court-VI, Kollam (for short ‘the trial court’).

2. The petitioner’s father was murdered on 31.10.2007 at about 9.30 pm at his residence. The Sub Inspector of Police, Punalur initially registered the crime as Crime No.598/2007 of Punalur Police Station under Section 174 of the Criminal Procedure Code (Cr.PC). Thereafter, the investigation was taken over by the Crime Branch, Kollam and re-registered the crime as Crime No.602/CR/HHW-I/TVM/2010, Kollam. One Mr.Thambi was arrayed as accused.

3. The prosecution allegation is that on 31.10.2007 at about 9.30 pm, the accused committed house trespass into the building occupied by the deceased with the intention to commit theft and in the same transaction, murdered the deceased when WP(C).NO.7170 OF 2015 4 he defended the act. The investigation was handed over to the Crime Branch, Kollam Unit as per the direction of this Court in W.P.(C) No.22933/2008. Thereafter, the CBCID filed the final report. According to the petitioner, in spite of the specific direction by this Court in the judgment in W.P.(C) No.22933/2008, no effective and meaningful investigation was conducted by the CBCID and the real culprit was not made an accused in the case. It is in these circumstances, the petitioner has approached this Court with a prayer to order further investigation and hand over the same to the Central Bureau of Investigation (CBI).

4. I have heard Sri. S. Rajeev, the learned counsel for the petitioner and Sri. M. P. Prasanth, the learned Public Prosecutor.

5. When the trial court scheduled the case for trial, the petitioner herein filed a petition before the trial court as Crl.M.P. No.1128/2022 to adjourn the trial. When the said petition came up for hearing, the learned Public Prosecutor submitted before WP(C).NO.7170 OF 2015 5 the trial court that on a perusal of the records, it is seen that a proper investigation has not been conducted and there is every scope for further investigation under Section 173(8) of Cr.PC.

6. Since the learned Public Prosecutor who conducted the prosecution himself expressed the opinion, after perusal of records, that no proper investigation has been conducted and that there is every scope for further investigation under Section 173(8) of Cr.P.C., I directed the State Police Chief to depute a Superior Officer in the State Crime Branch to study the final report and to submit a report before this Court whether a further investigation is warranted or not. Accordingly, Superintendent of Police, State Crime Branch, Kollam was deputed for the said purpose. He perused the entire case diary and the final report and submitted a detailed report before this Court. I went through the report. In the said report, he has highlighted 12 anomalies in the investigation and has recommended for a further investigation. For all these reason, I WP(C).NO.7170 OF 2015 6 am of the view that the prayer for further investigation is only to be granted.

7. Hence, the Superintendent of Police, State Crime Branch Kollam is directed to depute an officer not below the rank of Deputy Superintendent of Police to conduct further investigation and file final report in accordance with law. The writ petition is disposed of. Sd/- DR.KAUSER EDAPPAGATH, JUDGE AS WP(C).NO.7170 OF 2015 7 APPENDIX OF WP(C) 7170/2015 PETITIONER EXHIBITS EXHIBIT P1 TRUE PHOTOCOPY OF THE FIR IN CRIME NO.598/2007 OF PUNALUR POLICE STATION EXHIBIT P2 TRUE PHOTOCOPY OF THE INQUEST REPORT PREPARED BY SUB INSPECTOR OF POLICE PUNALUR. EXHIBIT P3 EXHIBIT P4 EXHIBIT P5 TRUE PHOTOCOPY OF THE POST-MORTEM REPORT PREPARED BY THE INVESTIGATING OFFICER. TRUE PHOTOCOPY OF THE JUDGMENT DATED 16-11-2010 IN WPC.NO.22933/2008 OF THIS HON'BLE COURT. TRUE PHOTOCOPY OF THE LETTER DATED 21-11-2013 SENT BY DIRECTOR (FORENSIC SCIENCE LABORATORY) EXHIBIT SERIES TRUE PHOTOCOPY OF THE RECEIPTS ISSUED TO THE PETITIONER ON THE REPRESENTATIONS MADE TO VARIOUS AUTHORITIES. EXHIBIT P7 TRUE PHOTOCOPY OF THE REPORT DATED 05-08-2014 EXHIBIT P8 EXHIBIT P9 THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE DIRECTOR GENERAL OF POLICE. THE COPY OF THE PETITION SUBMITTED BY THE PETITIONER BEFORE THE SUPERINTENDENT OF POLICE, KOLLAM DATED 23.06.2022 ALONG WITH THE RECEIPT EXHIBIT P10 A COPY OF THE REPRESENTATION SUBMITTED TO THE ADDITIONAL DIRECTOR GENERAL OF WP(C).NO.7170 OF 2015 EXHIBIT-P11 EXHIBIT-P12 8 POLICE,CRIME BRANCH DATED 23.06.2022 THE CERTIFIED COPY OF THE FINAL REPORT IN FIR NO. 602/CB/KTM-PTA/10 OF CRIME BRANCH KOLLAM THE TRUE COPY OF THE LETTER 6/PR/CD/2014/QR DATED 20/08/2014 OF THE DEPUTY POLICE SUPERINTENDENT, CRIME DETACHMENT, KOLLAM(RURAL) EXHIBIT-P13 THE TRUE COPY OF THE FIR NO. 902/2008 EXHIBIT-P14 EXHIBIT-P15 THE TRUE COPY OF THE 161 STATEMENT OF SUBHASH G. NATH RECORDED ON 27/05/2014 THE TRUE COPY OF THE 161 STATEMENT DATED 10/12/2013 RESPONDENTS' EXHIBITS: ANN.R3(A) THE TRUE COPY OF THE LETTER NO.4562/CB/HHW-I/CSO/2015 DATED 26.01.2016