M AYSHA Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) PETITIONER's brother, Sameer left his house on 09.02.2010 between 8.30 - 9p.m claiming that he is going to the house of one Anil Kumar in connection with a marriage. He was expected to come back the same night but, according to the petitioner there was a telephone call from him the same night that he will not come back the same night to his house. Since Sameer did not come back even on the next day morning, relatives made an enquiry and his dead body was found in a well on 11.02.2010 at about 2p.m. Police registered a case and started investigation. According to the petitioner, there was no proper investigation of the case and investigation by the local police could not clear the mistery behind the death of Sameer. In the amended petition it is stated that during the relevant time the deceased was in the company of one Muhammed Ali who is engaged in fish vending at Ponniam west but the police has not questioned the said Muhammed Ali or conducted any investigation in that line. PETITIONER believes that Muhammed Ali knows everything about the death of her brother. According to the petitioner, there are patent contradictions in the version of Muhammed Ali since he claimed that he had seen the deceased in the drunken condition but postmortem examination did not reveal that. It is also alleged that police has not conducted any investigation based on the calls in the mobile phone of the deceased. In the circumstances, it is prayed that investigation may be handed over to the Central Bureau of Investigation (for short, "the CBI").

(2.) I have heard learned counsel for petitioner, standing counsel for the CBI and the learned Public Prosecutor. Learned counsel for petitioner asserted the averments in the petition and contended that there is no reason to think that the deceased had fallen into the well in which his dead body was found on 11.02.2010. Learned Public Prosecutor submitted that the Sub Inspector, Kadirur has conducted the investigation but nothing suspicious was found in the death of Sameer. Hence a report has been submitted as further action dropped. Learned Standing Counsel for the CBI states that this is not a fit case to be investigated by that agency. It is also pointed out that the CBI is short of officials to deal with so many cases and that entrustment of all cases to the CBI would only affect the efficacy of the CBI in investigating cases.

(3.) I have gone through the CD file handed over to me by the learned Public Prosecutor. The report of postmortem examination (Ext.P1) states that there were two lacerated wounds (anti-mortem) on the head of deceased. Other findings include that the stomach contained half a handful of rice alone with no unusual smell. Postmortem examination was held on 12.02.2010 (the body of deceased was traced in the well on 11.02.2010).