The writ petitioner herein seeks a writ of mandaums directing the respondents 2 and 3 to issue necessary directions to the respondents 4 and 5 to take over the further investigation in Crime No.17/2009 of the Alakode Police Station. The said crime relates to the suspicious death of the petitioner's brother Joby. The investigation was initially conducted by the 6th respondent and the police submitted final report in court under Sections 143, 147, 323, 341 and 304 r/w 149 of the Indian Penal Code. The petitioner herein approached the learned Additional Sessions Judge, Thalassery for further investigation under Section 173(8) of the Code of Criminal Procedure, with C.M.P No.80/2012. The learned Additional Session Judge allowed the said application on 24.5.2014 and directed effective further investigation by the 6th respondent. The petitioner's grievance is that the further investigation ordered by the court is not now being properly or effectively conducted by the 6th respondent.
He seeks further investigation by the 4th respondent or the 5th respondent. The 4th respondent is the Superintendent of the Police of the Hurt and Homicide Wing of the Crime Branch CID, and the 5th respondent is the Deputy Superintendent of Police. The remedy practically sought by him is effective supervision by higher officers.
2. The learned Public Prosecutor submits that further investigation at the hands of 6th respondent is in progress, and that effective steps have been taken by him to make further investigation as ordered by the court. Further investigation was in fact ordered by the court concerned, and court's direction is to the 6th respondent. In such a situation, the respondents 4 or 5 cannot on their own, take over investigation.
3. On hearing both sides I find that effective supervision by the 5th respondent will satisfy the petitioner. There need not be an order as such directing to take over investigation or directing 6th respondent to handover investigation to respondents 4 or 5. I find that such a course is not necessary now when investigation further is in progress as directed by the court. Still when the petitioner has some apprehension or grievance, it will have to be considered, and the higher authorities will have to ensure that the investigation proceeds on the right track.
In the result, this Writ Petition is closed with direction to the 5th respondent that the investigation now being conducted by the 6th respondent shall be monitored and supervised periodically, and that report of further investigation shall not be filed by the 6th respondent without the knowledge and concurrence of the 5th respondent.
P.UBAID JUDGE ab