IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 35995 of 2007(I)
1. N.P.ABDUL KHADER, S/O.PAREETH,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
2. THE SUPERINTENDENT OF POLICE,
3. THE CENTRAL BUREAU OF INVESTIGATION,
For Petitioner :SRI.C.K.ABDUL RAHIM
For Respondent :SRI.S.SREEKUMAR, SC FOR CBI
The Hon'ble MR. Justice R.BASANT
Dated :14/07/2008
O R D E R
R.BASANT, J
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W.P.(C). No.35995 of 2007
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Dated this the 14h day of July, 2008
JUDGMENT
The grievance of the petitioner is that in spite of the
directions issued in Ext.P7 judgment, no proper investigation is
being conducted by the Investigating Officer.
2. The Investigating Officer has by now filed two reports
in which all the steps taken by the Investigating Officer to resolve
the mystery in the crime have been narrated. It is submitted that
3 persons have been subjected to the polygraph test and it is now
found necessary that they must be subjected to brain mapping
and narco analysis also. The learned Government Pleader
submits that it is not as though the Investigating Officer is not
taking steps or is found to be deficient in the conduct of the
investigation. The nature and circumstances of the case demand
such thorough investigation. Though he has not been able to
produce tangible results, the Investigating Officer may be
permitted to continue with the investigation. He may be granted
reasonable time. This Writ Petition may, in these circumstances,
be dismissed now, submits the learned Government Pleader.
W.P.(C). No.35995 of 2007 2
3. I find merit in the submission of the learned
Government Pleader. Having perused the statements filed, I am
not persuaded to agree that there is any such deficiency or
inadequacy in the investigation which must prompt this Court to
invoke the powers under Article 226 of the Constitution of India
and direct transfer of the investigation to any other agency.
4. This Writ Petition is, in these circumstances, dismissed.
I may however hasten to observe that if tangible results are not
achieved within a further period of 6 months from this date and if
the petitioner is not satisfied about the investigation being
conducted, the option of the petitioner to make his grievance
before this Court shall remain unfettered.
(R.BASANT, JUDGE)
rtr/-