This writ petition is filed by the petitioner, who is the father of the deceased, seeking proper investigation in Crime No.698/2013 of Kuzhalmannam police station under Article 226 of the Constitution of India. 2. It is alleged in the petition that petitioner is the father of deceased Sivadasan, who was brutally murdered on 3.6.2013 by certain anti social elements in connection with animosity and political backing. Originally police has filed charge sheet deliberately leaving certain persons. On the basis of the representation given by the petitioner, further investigation was ordered and in spite of further investigation, no effective steps were taken to book the other accused persons, who according to the petitioner, also having some role in the commission of the crime. So, the petitioner has no other remedy except to approach this Court seeking the following relief:
For the reasons stated in the accompanying affidavit and writ petition, it is most humbly prayed that this Hon'ble Court may be pleased to direct respondents 2, 4 W.P(C).No.7305 of 2014 2 and 6 to conduct further investigation in Crime No.698/2013 of Kuzhalmannam police station with regard to the involvement of the advocates and other persons who are involved in the murder of the son of the petitioner, pending disposal of the writ petition.
3. On the basis of the allegations, the 6th respondent investigating officer earlier filed a report stating that investigation is being properly done and further investigation is also going in the proper direction. Subsequently another statement was filed by the 6th respondent stating that on the basis of further investigation, further report was filed against the 7th accused and it was taken on file as C.P.No.74/2013 and as against original accused 1 to 6 it was taken on file as C.P.No.55/2013 and the cases are now pending before the Sessions Court as S.C.No.840/2013. This fact was confirmed by the Judicial First Class Magistrate-I, Palakkad the committal court, that earlier charge sheet was filed against six persons and it was taken on file as C.P.No.55/2013 and thereafter another charge sheet was filed after further investigation including the 7th accused also and it was taken on file as C.P.No.74/2013 and thereafter as per the common order, case against all the accused shown in both cases were committed W.P(C).No.7305 of 2014 3 to the Sessions Court and now pending as S.C.No.840/2013 before the Sessions Court, Palakkad.
When this was brought to the notice of the counsel for the petitioner, the counsel for the petitioner submitted that the report may be recorded leaving open the right of the petitioner to adduce evidence before the Sessions Court and the Sessions Court considering the evidence and taking appropriate action either to implead the other accused persons, who are not implicated as accused and also appropriate sections of offence, if any, brought out on the basis of the evidence. The above submission of the counsel for the petitioner is recorded and the petition is disposed of with the above liberty.
Communicate this order to the concerned court mentioned above.
cl /true copy/ Sd/-
K. RAMAKRISHNAN, JUDGE.