Kerala High Court
Thankamma @ Narayanikutty Amma vs The State Of Kerala on 31 March, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
FRIDAY, THE 31ST DAY OF MARCH 2023 / 10TH CHAITHRA, 1945
WP(C) NO. 22137 OF 2010
PETITIONERS:
1 THANKAMMA @ NARAYANIKUTTY AMMA
W/O. VASU NAIR, KIZHUVELI VEEDU, ENKAKKAD VILLAGE,
ENKAKKAD DESOM, WADAKANCHERY, THRISSUR DISTRICT.
2 RAJU PUZHANKARA, PUZHANKARA HOUSE, KUNDANNUR P.O.,
WADAKANCHERY, THRISSUR DISTRICT.
BY ADV SRI.BLAZE K.JOSE
RESPONDENTS:
1 THE STATE OF KERALA
SECRETARY, HOME DEPARTMENT, SECRETARIAT,,
THIRUVANANTHAPURAM.
2 DYSP OF POLICE, CBCID, THRISSUR.
3 SUB INSPECTOR OF POLICE
WADAKANCHERY POLICE STATION, WADAKANCHERY.
4 CENTRAL BUREAU OF INVESTIGATIONCBI
NEW DELHI, REPRESENTED BY ITS DIRECTOR.
SMT. S. REKHA SR,PP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 31.03.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C).No.22137/2010
-:2:-
JUDGMENT
Dated this the 31st day of March, 2023
This writ petition has been filed with the following prayers:
"i) To issue a writ of mandamus or any
other appropriate writ, order or direction
directing the respondents 1 and 2 to hand over
the investigation of the crime registered as FIR
No.398/2005 by the Wadakanchery police which
was thereafter handed over to CBCID and
investigated by them as No.227/CR/EKM/06 to
the Central Bureau of Investigation for an
effective, speedy and meaningful investigation.
ii) To issue a writ of mandamus or any
other appropriate writ, order or direction
directing the respondents 1 and 2 to constitute a
Special Investigation team headed by an officer,
not below the rank of a Superintended of Police
and to conduct an effective, speedy and
meaningful investigation in the direct supervision
of an officer who is not below the rank of a DIG
of Police into the crime registered as FIR
No.398/2005 by the Wadakanchery police which
was thereafter handed over to CBCID and
investigated by them as No.227/CR/EKM.06."
W.P.(C).No.22137/2010
2. The learned Public Prosecutor submitted that the
Wadakkanchery Police has transferred the case to the CBCID as
per the order dated 1.8.2006 of the Director General of Police,
Kerala Crime Branch. Thereafter, the Crime Branch re-registered
the case as Cr.No.227/CR/EKM/2006 and conducted further
investigation. During the course of the investigation, it was
revealed that the real culprit is one Satheesan and he was
arrayed as the sole accused in the crime. After completing the
investigation, charge sheet was filed with abate report before the
Judicial First Class Magistrate Court, Wadakkanchery, as the
accused was no more. The learned Magistrate accepted the
charge sheet as well as abate report. On 31/10/2014, the
learned Magistrate closed the case as abated.
The above submission is recorded and the writ petition is
closed.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
kp
W.P.(C).No.22137/2010
APPENDIX
PETITIONERS' EXHIBITS
EXHIBIT P1. THE TRUE PHOTOCOPY OF THE F.I.R
NO.398/2005 OF WADAKANCHERY POLICE
STATION (TRHRISSUR) DATED 17.07.2005
EXHIBIT P2 A TRUE COPY OF THE POST MORTEM
CERTIFICATE.
EXHIBIT P3 A TRUE COPPY OF THE REPORT DATED
18.8.2006 FILED BY DYSP, CBCID BEFORE
THE HON'BLE JFCM, WADAKANCHERY.
EXHIBIT P4 A TRUE COPY OF THE MATHRUBHUMI DAILY
DATED 5.9.2005
EXHIBIT P5 A TRUE COPY OF THE PETITION FILED AS CMP
NO.7938/08 IN CR.NO.398/2005 OF
WADAKANCHERY POLICE STATION.
EXHIBIT P6 A TRUE COPY OF THE REPORT DATED
20.10.2008 FILED BY THE DYSP, CBCID
THRISSUR BEFORE THE JFMC, WADAKANCHERY
EXHIBIT P7 A TRUE COPY OF THE REPORT DATED 6.1.2009
FILED BY HTE DYSP, CBCID THRISSUR BEFORE
THE JFCM, WADAKANCHERY
EXHIBIT P8 A TRUE COPY OF THE ORDER IN CMP
7938/2008 IN CR.NO.398/2005 DATED
16.6.2009 FILE BEFORE THE JFCM
WADAKANCHERY
EXHIBIT P9 A TRUE COPY OF THE REPORT DATED
16.9.2009 FILED BY THE DYSP, CBCID
THRISSUR BEFORE JFCM, WADAKANCHERY
