IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 3356 of 2007(Y)
1. NOUSHAR, AGED 29 YEARS,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
2. DIRECTOR GENERAL OF POLICE,
3. DIRECTOR GENERAL OF POLICE (CRIMES),
4. SUPERINTENDENT OF POLICE,
5. THE DETECTIVE INSPECTOR,
6. CENTRAL BUREAU OF INVESTIGATION,
For Petitioner :SRI.A.MOHAMMED
For Respondent :SRI.S.SREEKUMAR, SC FOR CBI
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :08/09/2010
O R D E R
M.Sasidharan Nambiar, J.
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W.P.(C)No.3356 of 2007 Y
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JUDGMENT
Petitioner is the accused in Crime No.
243/CR/KLM/06, investigated by CBCID, Kollam. The case
was originally registered as Crime No.22/2006 of
Karunagappally Police Station for the offences under
Sections 302, 377 and 201 of Indian Penal Code. This
petition is filed under Article 226 of Constitution of
India for a writ of mandamus directing first respondent
to withdraw the investigation from CBCID and to entrust
it to the sixth respondent.
2. Though the writ petition was admitted on
31.1.2007, investigation was not stayed and in fact,
investigation was allowed to be continued with a
direction that final report shall not be submitted till
the next posting date. The interim order was extended
thereafter. Meanwhile, investigation was completed and
it was represented on 17.7.2007 that final report was
ready. Investigating Officer was directed to produce
copy of the final report which is said to be ready for
filing. Copy of the report was submitted in 2007
WPC 3356/07 2
itself. Still, petition is pending here. Investigating
Officer could not file the final report in view of the
interim order.
3. Learned counsel appearing for the petitioner
and learned Government Pleader were heard.
4. Argument of the learned counsel appearing for
the petitioner is that there was no effective
investigation and petitioner has been implicated only
for the reason that father of the victim had filed a
petition for CBI investigation and no proper
investigation was conducted by the Investigating
Officer.
5. I have gone through the copy of the final
report submitted by the Investigating Officer. I do not
find any reason to interfere with due process of law.
Investigating Officer is permitted to submit the final
report before the Magistrate. Petitioner is at liberty
to challenge the final report or seek an order of
discharge from the Magistrate.
Petition is dismissed.
8th September, 2010 (M.Sasidharan Nambiar, Judge)
tkv