IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 11833 of 2010(Q)
1. RAJAMMA, AGED 73 YEARS,
... Petitioner
Vs
1. THE STATE OF KERALA, REP.BY ITS
... Respondent
2. THE DIRECTOR GENERAL OF POLICE KERALA,
3. THE CENTRAL BUREAU OF INVESTIGATION(CBI)
4. THE DEPUTY SUPERINTENDENT OF POLICE,
5. THE SUB INSPECTOR OF POLICE,
For Petitioner :SRI.SUMAN CHAKRAVARTHY
For Respondent :SRI.M.V.S.NAMBOOTHIRY,SC, C.B.I.
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :02/12/2010
O R D E R
M.Sasidharan Nambiar, J.
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W.P.(C)No.11833 of 2010 Q
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JUDGMENT
Petitioner, the mother of deceased Sivanandan,
filed this petition under Article 226 of
Constitution of India for a writ of mandamus
directing transfer of investigation of Crime No.
119/2007 of Fort Police Station to a competent
officer of CBCID for a proper, effective and
expeditious investigation, contending that due to
want of proper investigation, the real culprit
cannot be found out and the investigation is not
satisfactory.
2. Circle Inspector of Police, Fort Police
Station, filed a statement showing the progress of
the investigation. As per the statement,
Sivanandan, who was engaged in the sale of
handicrafts at Krishna Lodge near New Delhi Railway
Station fell unconscious at about 9 p.m. and was
taken to Sanjeevani Hospital, New Delhi. On
WPC 11833/10 2
examination, he was found dead. The matter was
reported to Nabikarim Police Station and it was
registered as D.D.No.114 dated 24.2.2007. After
conducting an inquest, body was sent to Moulana
Azad Medical College, New Delhi for autopsy. After
the autopsy, body was sent to Thiruvananthapuram
for cremation. When it reached Thiruvananthapuram,
relatives of the deceased raised doubt regarding
the cause of death and the matter was reported to
Fort Police Station on 26.2.2007 and after
recording the statement of Chandran Asari, brother
of the deceased, Crime No.119/2007 of Fort Police
Station was registered under Section 174 of Code of
Criminal Procedure. An inquest was conducted and
body was sent for re-postmortem examination to
Medical College Hospital. During postmortem,
viscera was collected at Moulana Azad Medical
College, New Delhi and sent for chemical
examination. While re-postmortem was conducted at
Thiruvananthapuram also, viscera was collected and
WPC 11833/10 3
sent for chemical examination. It is stated that
postmortem certificate from Moulana Azad Medical
College was also obtained and the case is properly
being investigated and the result of viscera
examination is awaited.
3. Learned counsel appearing for the petitioner
and learned Government Pleader were heard.
4. Learned counsel appearing for the petitioner
submitted that as the death was at New Delhi, State
Police cannot properly investigate the case and in
any case, even though the case was registered in
2007, till now, even the report of chemical
analysis, on examination of the viscera collected
at New Delhi, was not obtained. In such
circumstances, investigation is to be transferred
to CBCID.
5. Learned Government Pleader submitted that
subsequently, report of the chemical examination of
the viscera collected at the time of autopsy
conducted at Thiruvananthapuram was received and a
WPC 11833/10 4
final report could be submitted. It is also
submitted that chemical examination report of the
viscera collected at the time of first autopsy at
New Delhi is not so far received by the
investigating officer. Considering the entire facts
and circumstances of the case, I find that in the
interest of justice, investigation is to be
transferred to CBCID as sought for, for an
effective and impartial investigation.
Petition is allowed. Second respondent is
directed to entrust investigation of Crime No.
119/2007 of Fort Police Station to CBCID to be
investigated by a competent officer, not below the
rank of Deputy superintendent of Police,
effectively and expeditiously.
2nd December, 2010 (M.Sasidharan Nambiar, Judge)
tkv