Kerala High Court
Maggie Viju. Vallakalil House vs Vijay Shanker on 2 April, 2008
Author: V.Ramkumar
Bench: V.Ramkumar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Con Case(C) No. 395 of 2008(S)
1. MAGGIE VIJU. VALLAKALIL HOUSE
... Petitioner
Vs
1. VIJAY SHANKER,DIRECTOR,
... Respondent
For Petitioner :SRI.RINNY STEPHEN CHAMAPARAMPIL
For Respondent :SRI.M.V.S.NAMBOOTHIRY,SC, C.B.I.
The Hon'ble MR. Justice V.RAMKUMAR
Dated :02/04/2008
O R D E R
V. RAMKUMAR , J.
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Contempt Case (Civil) No.395 of 2008
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Dated this the 2nd day of April, 2008.
ORDER
The petitioner who is the widow of one Viju Koshy moved this Court by filing W.P.(C) No. 36397 of 2007 for entrusting the investigation into the circumstances leading to the mysterious disappearance and death of her husband to the Central Bureau of Investigation. After hearing all concerned, this Court as per judgment dated 23.01.2008 entrusted the investigation of the case with the CBI. The grievance of the petitioner is that no further investigation has been conducted by the CBI in spite of receipt of the judgment and the CBI has been taking an indifferent attitude with regard to the matter and further delay can only help in destroying the evidence which might be forthcoming.
2. I heard the learned counsel for the petitioner as well as the learned Standing Counsel for the CBI. It is seen that after receipt of a copy of this judgment and after getting many of the documents which were in vernacular Malayalam translated to COC NO. 395/2008 : 2: English, the New Delhi unit of the CBI has registered the case on 27.03.2008 as RC.1(S)/2008/SCU.V/SCR.II/CBI/New Delhi for offences punishable under Sections 120 B, 364, 302 and 201 IPC. Having regard to the procedural formalities which are to be followed by the CBI, I do not think that there is unpardonable delay on the part of the CBI in registering the crime and commencing the investigation particularly when no time limit had been fixed by this Court in the judgment which is alleged to have been disobeyed. I am sure that the officer of this premier investigating agency in charge of the investigation will swing into action without any further delay and do the needful to bring to justice the culprits behind the mysterious death of the petitioner's husband.
This COC is accordingly closed.
V. RAMKUMAR, JUDGE.
rv COC NO. 395/2008 : 3: