High Court Kerala High Court

Mr.Basudev Mandal vs State Of Kerala on 10 December, 2008

Kerala High Court
Mr.Basudev Mandal vs State Of Kerala on 10 December, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 33533 of 2007(P)


1. MR.BASUDEV MANDAL,QUARTER NO.TYPE II/9
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY
                       ...       Respondent

2. DEPARTMENT OF HOME AFFAIRS,

3. DIRECTOR  GENERAL OF POLICE

4. ADDITIONAL DIRECTOR GENERAL OF POLICE

5. CENTRAL BUREAU OF INVESTIGATION,

                For Petitioner  :SRI.DENU JOSEPH

                For Respondent  :SRI.S.SREEKUMAR, SC FOR CBI

The Hon'ble MR. Justice R.BASANT

 Dated :10/12/2008

 O R D E R
                           R. BASANT, J.
             -------------------------------------------------
                 W.P.(c)No. 33533 of 2007-P
             -------------------------------------------------
        Dated this the 10th day of December, 2008

                             JUDGMENT

The petitioner is the father of the deceased in Crime

No.667/05 registered initially at the Medical College Police

Station, Trivandrum, under the caption “man missing” (re-

numbered later as Crime No.738/05 of the Fort Police Station).

Investigation into that crime has subsequently been taken over

by the Special Investigation Group-I, CB CID, Trivandrum, and

that unit is now conducting the investigation. The crime has

been re-numbered as Crime No.128/CR/Tvpm/06.

2. To give broad outline of the case, one Shyamal

Mandal, a student of the Trivandrum Engineering College –

the son of the petitioner, was residing in the College hostel.

His parents were settled at Andaman Islands. On 13/10/05 he

informed his friend one Digambar that one Alok Biswas was

W.P.(c)No. 33533 of 2007-P
-: 2 :-

coming from Andaman Islands and he had to go to meet him.

Shyamal Mandal did not remember this Alok Biswas who claimed

to be an old classmate of his at school. Digambar allegedly

accompanied Shyamal Mandal when he was proceeding to see

Alok Biswas. But it appears that the deceased Shyamal Mandal

got a telephone call in his mobile phone from the said Alok

Biswas asking him to come alone and not take any other person

when he went to meet the said Alok Biswas. Thus, Shyamal

Mandal went alone to meet Alok Biswas at some place in

Trivandrum. He was not seen alive thereafter.

3. A complaint under the caption “man missing” was

lodged by his friend Digambar and the crime under the caption

“man missing” was registered at the Medical College Police

Station as Crime No.667/05. Investigation commenced. On

23/10/05 the dead body of the said Shyamal Mandal was found

at Thiruvallam. Investigation continued. Three accused

persons have now been arrayed. It is now believed that the 1st

accused – a person by name Deepak, is the one who

impersonated as Alok Biswas and came to Trivandrum to meet

the deceased. There are indications to show that the 2nd

W.P.(c)No. 33533 of 2007-P
-: 3 :-

accused had contacted the deceased Shyamal Mandal over the

telephone before the said Alok Biswas came to Trivandrum to

meet the deceased. It is also identified now that the 3rd accused

had sold the mobile phone which the deceased Shyamal Mandal

had with him at the time of his death. Thus, accused 1 to 3 have

been brought on the array of accused. Accused 2 and 3 have

already been arrested. They have now been granted bail by

default subject to conditions. Attempts to trace the 1st accused

has not borne fruits so far.

4. The unfortunate father of the deceased – the petitioner

herein – a retired school teacher, has come to this Court with a

prayer that investigation may now be handed over to more

competent and efficient hands which have the infrastructure to

conduct a full, complete, satisfactory and efficient investigation

into the crime. The petitioner complains, and already

information to that effect has been conveyed to the present

Investigators, that he had received telephone calls calling upon

him to hand over the amounts as ransom to secure the release of

his son after 13/10/05. Accused No.3 is stationed at Madras.

Accused No.2 is stationed at Andaman Island. The petitioner is

W.P.(c)No. 33533 of 2007-P
-: 4 :-

also a resident of Andaman Island. The 1st accused – one Deepak

by name, is stated to be a person from Nepal who has

connections in Andaman Island. It is submitted that the 1st

accused has connections and roots in other places in this country

including Delhi. According to the Investigators, the attempt to

crack the crime requires the arrest of the 1st accused. He has

not been arrested so far. All attempts made so far have not

borne fruits.

5. The petitioner has a further grievance that though an

account number had been furnished to him into which account

he was called upon to pay the ransom, no serious efforts have

been made by the Investigators to identify the said account and

the details of that account holder and his connections, if any,

with the criminals. As such, the petitioner has a grievance that

no effective investigation is now being undertaken. He prays

that the investigation may be entrusted to the CBI which has

better infrastructure and personnel to conduct a proper and

efficient investigation and to resolve the crime.

6. Notice was given to the learned Public Prosecutor. The

learned Public Prosecutor only submits that everything possible

W.P.(c)No. 33533 of 2007-P
-: 5 :-

is being done by the present Investigators. He does not dispute

the fact that the CBI may be having better infrastructure and

personnel to conduct a proper investigation and resolve the

crime. Appropriate orders may be passed by this Court, submits

the learned Public Prosecutor.

7. I have considered all the relevant circumstances. I do

not want to cast aspersions on the nature and quality of the

investigation conducted in this case though it cannot be vouched

that the investigation is sufficient. Suffice it to say that I am

satisfied that the investigation deserves to be entrusted to expert

hands which have the infrastructure to conduct such an

investigation which must be spread over Trivandrum, Madras,

Andaman Islans, Delhi and Nepal. The present Investigators, I

agree with the learned counsel for the petitioner, do not appear

to be in possession of infrastructure and personnel equal to the

challenge before them.

8. In these circumstances, I am satisfied that the prayer of

the petitioner can be accepted and a direction can be issued to

respondent No.5 to take over the investigation in this case and

continue the investigation.

W.P.(c)No. 33533 of 2007-P
-: 6 :-

9. In the result:

(a) This writ petition is allowed.

(b) The investigation into crime in the instant case

registered initially as Crime No.667/05 of the Medical College

Police Station and which is now being investigated by the

Special Investigation Group-I, CB CID, Trivandrum, as Crime

No.128/CR/Tvpm/06 shall hereafter be investigated by the 5th

respondent.

(c) Respondents 1 to 4 shall afford to the 5th respondent all

support and assistance for the proper conduct of the

investigation.

(d) Periodical reports shall be filed by the 5th respondent

before this Court to apprise this Court of the progress of the

investigation. Such report shall be filed bi-monthly and the first

of such report shall be filed before this Court on or before

28/2/2009. Call on that day.

Sd/-



                                        (R. BASANT, JUDGE)


Nan/       //true copy//          P.S. to Judge

W.P.(c)No. 33533 of 2007-P
                         -: 7 :-