IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 34190 of 2006(T)
1. SARADA, W/O.VASU AGED 79 YEARS,
... Petitioner
2. SAVITHRY, W/O.RAMACHANDRAN,
3. GEETHA, W/O.RAGHUNATHAPANICKER,
Vs
1. STATE OF KERALA, REPRESENTED BY ITS
... Respondent
2. DIRECTOR GENERAL OF POLICE,
3. ADDL.DGP (CRIME)
4. INSPECTOR GENERAL OF POLICE (CRIME)
5. DEPUTY SUPERINTENDENT OF POLICE,
For Petitioner :SRI.THOMAS ABRAHAM
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :29/03/2007
O R D E R
J.B.KOSHY & T.R.RAMACHANDRAN NAIR, JJ.
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W.P.(C).NO. 34190 OF 2006
and
W.P.(C).NO. 25160 OF 2005
-----------------------------
Dated this the 29th day of March, 2007.
JUDGMENT
Koshy, J.
This is a petition regarding the murder of the petitioner’s son, a School
Manager. The main allegation of the petitioner is that investigation is being
done not properly. The petitioner’s case is that some of the real accused
were deleted and it is further submitted that even though it is the case of the
police that they were deleted at the instance of the of the petitioner. The
petitioner strictly objects it. On going through the entire papers we also
notice that police is trying to protect somebody due to political influences.
On going through the case we are of the opinion that case is not conducted
properly and justice will not be meted out in this case, unless the matter is
investigated by a proper investigation by CBI. In originally, the crime was
investigated by local police. Thereafter on the complaint and as per the
direction of this court CB,CID took up the investigation on 26.10.2004 as per
order dated D2-14597/CR/04, under Deputy Superintendent of Police, CB,
CID. From the reports it shows that there is a heinous conspiracy and the
persons are behind the conspiracy. It is also submitted that 9 accused were
deleted by the local police and further investigation is necessary, whether
they are behind the curtain. It is also noticed that some of the accused were
W.P.(C).NO. 34190 OF 2006 2
not involved in the crime, and their names were included to side track the
case. It is also stated that police officers including Deputy Superintendent of
Police went to the place to saw the dead body. But proper investigation or
procedural matters are not complied with. It is further submitted that earlier
some accused attacked the house of one Vamadevan. There was some
chance that some of the accused might have been involved here also. But
their names were purposely avoided. The Deputy Superintendent of Police
came to the conclusion that a cold blood murder case was investigated
improperly as it is occurred in the year 2004. Now we are in 2007. Even by
the Crime Branch, proper investigation is not done. It shows that political
influence behind the investigation. Hence we are of the view that in the
interest of justice the matter should be investigated by the CBI. So we direct
the Government to refer the matter to CBI for proper investigation. CBI
should investigate the case as expeditiously as possible with utmost sincerity.
The Writ Petition is disposed of accordingly.
J.B.KOSHY, JUDGE.
T.R.RAMACHANDRAN NAIR, JUDGE.
bkn