Kerala High Court
S. Vijayan vs Central Bureau Of Investigation on 30 October, 2007
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE S.S.SATHEESACHANDRAN
WEDNESDAY, THE 1ST DAY OF AUGUST 2012/10TH SRAVANA 1934
WP(C).No. 32155 of 2009 (Q)
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PETITIONER(S):
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S. VIJAYAN, PRIYANKA HOUSE,
SANTHI NAGAR, KAZHAKOOTTOM .P.O.
THIRUVANANTHAPURAM.
BY ADV. SRI.BIJU BALAKRISHNAN
RESPONDENT(S):
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1. CENTRAL BUREAU OF INVESTIGATION,
NEW DELHI, REPRESENTED BY ITS, DIRECTOR.
2. THE INVESTIGATING OFFICER,
(CRIME NO. 114/04 OF THUMBA POLICE STATION,
CRIME NO. 16/CR/TVPM/2005 OF
CBCID) CENTRAL BUREAU OF INVESTIGATION,
COCHIN UNIT, COCHIN.
BY ADV. SRI.M.V.S.NAMBOOTHIRY,SC, C.B.I.
BY ADV. SRI.P.CHANDRASEKHARA PILLAI, SC, C.B.I.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01-08-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
MJL
WP(C).No. 32155 of 2009 (Q)
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1: PHOTOGRAPHS OF THE DECEASED TAKEN AT THE PLALCE OF
OCCURRENCE.
EXHIBIT P2: PHOTOSTAT COPY OF THE JUDGMENT DATED 30/10/2007 IN W.P.
(C).NO.12207 OF 2007 OF THIS HON'BLE COURT.
EXHIBIT P3: PHOTOGRAPHS OF THE DECEASED TAKEN AT THE PLACE OF
OCCURRENCE.
EXHIBIT P4: PHOTOSTAT COPY OF THE POSTMORTEM CERTIFICATE DATED
9/08/2004.
EXHIBIT P5: PHOTOSTAT COPY OF THE CERTIFICATE OF CHEMICAL ANALYSIS
EXHIBIT P6: PHOTOSTAT COPY OF THE COMPLAINT DATED 16/10/2004
SUBMITTED BEFORE THE HON'BLE CHIEF MINISTER
EXHIBIT P7: PHOTOSTAT COPY OF THE TREATMENT RECORDS DATED
06/08/2009 ISSUED BY THE REGIONAL INSTITUTE OF
OPHTHALMOLOGY, GOVERNMENT OPHTHALMIC HOSPITAL,
THIRUVANANTHAPURAM.
RESPONDENTS' EXHIBITS: NIL
/TRUE COPY/
P A TO JUDGE
MJL
S.S.SATHEESACHANDRAN,J.
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W.P. (c) NO. 32155 of 2009
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Dated this the 01st day of August, 2012
JUDGMENT
Petitioner is the father of one Priyanka, who met with an unnatural death under suspicious circumstances in her matrimonial home. The bereaved father is approaching this court the second time seeking exercise of its extraordinary jurisdiction. Previously, the earlier writ petition moved by the petitioner was disposed by judgment dated 30.10.2007 by which the investigation of the crime was directed to be handed over to the Central Bureau of Investigation, for short the 'C.B.I., from the CBCID which was then conducting investigation over the crime registered over the death of Priyanka. While the investigation so ordered through C.B.I. was in progress petitioner filed the present writ petition complaining that the investigation is conducted not effectively and meaningfully. Countering the imputations made the Investigating Officer has filed a statement narrating the steps W.P. (c) NO. 32155 of 2009 2 so far taken in the investigation of the crime. Now when the petition has come up for hearing it is reported that the investigation of the crime has been completed and the C.B.I. has filed a final report before the Chief Judicial Magistrate Court, Ernakulam, and after completion of the committal proceedings it has been committed to the Special Court C.B.I., Thiruvananthapuram. In the light of the subsequent event as aforesaid the learned counsel for the petitioner submitted that reserving his right to raise objections after getting hold of a copy of the final report laid in the case before the special Judge, C.B.I., Thiruvananthapuram, this petition can be disposed of. Petitioner, no doubt, can raise his objection to the final report before the Sessions Judge, before whom the case has been committed for trial, provided he has sustainable ground to do so.
Reserving his right to do so, the writ petition is closed.
S.S.SATHEESACHANDRAN JUDGE.
DMR/-