(1.) Instant writ petition is filed seeking for a direction to the first respondent/State of Kerala to hand over the investigation of Crime No. 168/2001 of Binanipuram Police Station to the 4 th respondent/Central Bureau of Investigation forthwith and to complete the investigation and submit final report within a time frame.
(2.) Brief facts leading to the filing of instant writ petition are as follows: One young man namely Daiju, aged 19 years, was found hanging on 16. 10. 2001 in IRE compound at Edayar in the year 2001. IRE compound situates within the jurisdiction of Binanipuram Police Station, Edayar in Ernakulam District. The Binanipuram Police registered Ext. P1 FIR No. 168/2001 in the said incident. Ext. P1 shows that the death of Daiju was unnatural death under mysterious circumstances. Subsequently, Binanipuram Police prepared Ext. P2 inquest report of the above said incident with 5 witnesses including the petitioner herein. According to Ext. P2, the deceased was found hanging about 3. 25 meters height from ground on a huge cashew nut tree of the age not less than 25 years and his both hands were tied behind. After investigation, Binanipuram Police filed Ext. P3 final report with the conclusion that the deceased committed suicide by hanging.
(3.) On the above facts, the learned counsel for the petitioner submitted that the circumstantial evidence as is evident from Ext. P2 clearly shows that it was a brutal homicide involving several persons as a result of a conspiracy. Grievance of the petitioner is that though names of certain persons were pointed out, the investigating officer was reluctant to even question the said persons or to conduct any investigation, but closed the said file as a case of suicide. In the said circumstance, petitioner has submitted Ext. P4 representation before the 2 nd respondent/Director General of Police seeking for a thorough and impartial investigation into the unnatural death within Binanipuram Police Station limits through a senior police officer or through another independent agency. Since there was no effective action on Ext. P4, the petitioner has approached this court by filing W. P. (C)No. 33920/2016 seeking investigation of Ext. P1 crime of Binanipuram Police Station through the Central Bureau of Investigation or any identical investigating agency. This court dismissed the said writ petition vide judgment dated 5. 2. 2019 (Ext. P5) holding that this judgment will not stand in the way of the petitioner in filing public interest litigation, if permitted under law. Hence the present public interest writ petition.
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