Kerala High Court
Sabu vs Sub Inspector Of Police, Vellathooval on 28 July, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
WP(C) No.8391 of 2012
2025:KER:56200
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 28TH DAY OF JULY 2025 / 6TH SRAVANA, 1947
WP(C) NO. 8391 OF 2012
PETITIONER:
SABU
AGED 38 YEARS, S/O.ISSAC, AMBATT HOUSE, MUKKAL
ACRE BHAGOM, ADIMALI KARA, MANNAMKANDAM
VILLAGE, IDUKKI DISTRICT.
BY ADVS.
SHRI.KRISHNADAS P. NAIR
SHRI.HARIDAS P.NAIR
SMT.K.L.SREEKALA
RESPONDENTS:
1 SUB INSPECTOR OF POLICE, VELLATHOOVAL
ADIMALI, IDUKKI DISTRICT, PIN 685602.
2 CIRCLE INSPECTOR OF POLICE
ADIMALI, IDUKKI DISTRICT, PIN 685602.
3 THE SUPERINTENDENT OF POLICE
IDUKKI DISTRICT, PIN 685602.
4 THE SECRETARY
DEPARTMENT OF LAW, GOVERNMENT OF KERALA,
SECRETARIAT, THIRUVANANTHAPURAM- 695001.
5 THE SECRETARY
DEPARTMENT OF HOME AFFAIRS, GOVERNMENT OF
KERALA, SECRETARIAT, THIRUVANANTHAPURAM-695001.
6 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH
WP(C) No.8391 of 2012
2025:KER:56200
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COURT OF KERALA, ERNAKULAM-682031.
7 THE SUPERINTENDENT OF POLICE
CENTRAL BUREAU OF INVESTIGATION, KOCHI BRANCH,
KERALA-682031.
8 THE DIRECTOR
CENTRAL BUREAU OF INVESTIGATION, CBI HEAD
QUARTERS, NEW DELHI-110001.
BY ADVS.
Sri. C.S HRITHWICK, SR.PP
SHRI.SREELAL N.WARRIER,SPL.PUBLIC PROSECUTOR,
CENTRAL BUREAU OF INVESTIGATION (CBI)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 28.07.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) No.8391 of 2012
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P.V.KUNHIKRISHNAN, J.
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WP(C) No.8391 of 2012
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Dated this the 28th day of July, 2025
JUDGMENT
The above Writ Petition(C) is filed with the following prayers:
"i) issue a writ of mandamus or other appropriate writ, order or direction, directing the respondents 1 to 3 to hand over the investigation in Exhibit P1, FIR having No. 90/2010 of Vellathooval Police Station, to the respondents 7 and 8;
ii) issue a writ of mandamus or other appropriate writ, order or direction directing the respondents 7 and 8 to conduct and appropriate investigation in Exhibit P1;
iii) issue a writ or order and other reliefs that this Hon'ble Court may deem fit and proper." (SIC)
2. The petitioner's wife Tushara, aged 26 years, WP(C) No.8391 of 2012 2025:KER:56200 4 died on 17.03.2010 in her parental residence. The wife of the petitioner fell down to the well of nearby residence. 1st respondent registered Ext.P1 FIR under Section 174 Cr.PC. The petitioner after collecting the postmortem report filed a complaint before the Sub Divisional Magistrate for a re-postmortem and the re-postmortem was conducted on 14.06.2010. After receiving Ext.P5 re- postmortem certificate, the petitioner has some doubts regarding the death of his wife is the submission. He filed complaints before respondent Nos.3 to 5 for a further investigation in the matter and the same was not considered by the respondents. Hence, the petitioner approached Kerala State Human Rights Commission for ordering a further investigation. The Kerala Human Rights Commission called for the records from the Chemical Analysis Laboratory, Thiruvananthapuram and thereafter issued an order on 02.01.2012 directing the 3 rd respondent to conduct a further investigation in the crime. In the order of the Human Rights Commission, it is WP(C) No.8391 of 2012 2025:KER:56200 5 stated that there was poisonous article found from the stomach of the deceased Tushara and the internal organs of Tushara were examined by the Laboratory, found that there was carbofuran a poisonous carbamate was detected. According to the petitioner, there was poisonous article found in the stomach of the deceased Tushara and there is chance for consumption of poison by force. Therefore, the petitioner approached respondent Nos.1 to 5 for further investigation by a separate agency. According to the petitioner, respondent 1 and 2, from the beginning stage of the investigation, is taking a negative attitude. Hence, this Writ Petition is filed for entrusting the investigation to Central Bureau of Investigation (CBI).
3. Heard the learned counsel appearing for the petitioner, the learned Public Prosecutor and also the counsel appearing for CBI.
4. The Public Prosecutor takes me through the final report submitted by the Dy. Superintendent of Police and also the report submitted by the Dy. Superintendent WP(C) No.8391 of 2012 2025:KER:56200 6 of Police, Munnar. This Court perused the same. I don't want to make any observation about the same at this stage. Admittedly, the investigation is conducted by the Dy. Superintendent of Police, Munnar.
5. Considering the facts and circumstances of the case, I think, the 3rd respondent will summon the case diary and peruse the same and thereafter decide whether any further investigation is necessary in this case, with notice to the petitioner.
Therefore, this Writ Petition (C) is disposed of with the following directions:
1. The 3rd respondent will summon the case diary in Crime No.90/2010 of Vellathooval Police Station, Idukki and peruse the same and give an opportunity to hear the petitioner and thereafter decide whether any further investigation is necessary.
2. The action taken by the 3rd respondent will be communicated to the petitioner within two WP(C) No.8391 of 2012 2025:KER:56200 7 months from the date of receipt of a copy of this judgment.
3. The petitioner will produce a certified copy of the judgment along with a copy of this writ petition with exhibits before the 3 rd respondent for compliance.
Sd/-
P.V.KUNHIKRISHNAN
nvj JUDGE
WP(C) No.8391 of 2012
2025:KER:56200
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APPENDIX OF WP(C) 8391/2012
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF FIR HAVING NO.90/2011.
Exhibit P2 TRUE COPY OF THE REPORT FILED BY
THE POLICE BEFORE THE PANCHAYAT.
Exhibit P3 TRUE COPY OF THE REPORT OF THE
POLICE DATED 28.4.2010.
Exhibit P4 TRUE COPY OF THE POSTMORTEM REPORT
OF THE DECEASED DATED 17.3.2010.
Exhibit P5 TRUE COPY OF THE POSTMORTEM
CERTIFICATE WAS RECEIVED BY THE
PETITIONER FROM THE SUB DIVISIONAL MAGISTRATE DATED 14.6.2010.
Exhibit P6 TRUE COPY OF THE COMPLAINTS FILED
BY THE PETITIONER BEFORE THE
RESPONDENT 3.
Exhibit P7 TRUE COPY OF THE ORDER DATED
2.1.2012 IN HRMP NO.1328/2010.
Exhibit P8 TRUE COPY OF THE CHEMICAL ANALYSIS
REPORT HAVING NO.5711 DATED
17.3.2010.
Exhibit P9 TRUE COPY OF THE SECOND ANALYSIS
REPORT ISSUED BY THE EXAMINERS
LABORATORY, THIRUVANANTHAPURAM
HAVING NO.2020 DATED 14.6.2010.
//TRUE COPY/
PA TO JUDGE