Sulochana vs The Superintendent of Police and The Central Bureau of Investigation

J. Chelameswar, C.J.—The unsuccessful Petitioner in W.P(C). No. 7313 of 2011 is the Appellant. The said Writ Petition is filed with the prayer as follows:

Hence it is respectfully prayed that this Hon''ble Court may be pleased to allow the writ appeal and to set aside the judgment dated 21.3.2011 in W.P(C). 7313/2011 and to direct the 1st Respondent to handover the investigation of Crime No. 211 of 2009 of Karipoor Police Station to the 2nd Respondent and to direct the 2nd Respondent to investigate into the matter in a proper, fair and objective manner.

In substance, the Petitioner prays that investigation of Crime No. 211 of 2009 of Karipoor Police Station must be entrusted to the Central Bureau of Investigation (CBI).

The facts of the case are as follows: The Petitioner''s daughter died an unnatural death on 30th December, 2009. A report in this regard was lodged with the Karipoor Police Station on the next day. It appears from the records that the dead body was found at 7 PM on 30th December, 2009 and the matter was reported to the police on 10 AM on the next day. Though it is not very clear from the records, it is agreed at the Bar that the distance between the place of occurrence and the police station would not be anything beyond 10 kms. It is a case where the body was found floating in a pond by the members of her family. The FIR does not contain even a whisper about the involvement of any individual in the death of the victim.

The Petitioner now complains that the concerned police are not investigating the crime properly and therefore, the investigation is required to be entrusted to the CBI. The earliest reference to the name of one Kuppodan Biju from the records it appears, is made after considerable lapse of time. A representation was made in the month of April, 2010 to the Chief Minister of Kerala by the family members of the deceased. Thereupon an enquiry was made with the concerned officers of the district police of Malappuram. The concerned Superintendent of Police, Malappuram reported back saying that the probable involvement of the abovementioned Kuppodan Biju was being examined with an assurance that if any involvement of the said Biju is discerned, appropriate action would be initiated.

In the instant Writ Petition the Petitioner complains that the police are not investigating the matter in a proper manner. A learned Judge of this Court, by the judgment under appeal, opined otherwise and dismissed the Writ Petition. We do not have any different view. We deliberately restrain from making any further reference to the various averments made in the Writ Petition as any expression at this stage on those averments is likely to jeopardise the rights of some parties or other concerned with the case and also likely to have legally undesirable effect on the investigation. We do not see any merit in the Writ Appeal. The Writ Appeal is, therefore, dismissed at the admission stage itself.