NANDAKUMAR T.P Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) Two different orders were passed in C.P.No.4/2014 by the Chief Judicial Magistrate, Ernakulam i.e. on 24/12/2014 and 6/7/2015. It is against the order dated 06/7/2015 in C.M.P.No.2637/2015, the brother of deceased V.Saseendran, the defacto complainant came up in Crl.R.P.No.1502/2015 and against the order in Crl.M.P.No.4364/2014 dated 24/12/2014, the petitioner therein one Nandakumar, a journalist and a public activist came up in Crl.M.C.No.929/2015. The application- Crl.M.P.2637/2015 is against the final report submitted and for conducting further investigation. This was dismissed by the Chief Judicial Magistrate without assigning any valid reason. In fact, there is a failure on the part of the learned Chief Judicial Magistrate to go into the various glaring improbabilities especially when the matter concerns the death of three persons. They were found hanging in the same room in a structure attached to the roof. The final report earlier submitted was rejected by order dated 26/10/2013 by raising the following grounds :

(2.) But in the supplementary report submitted, the deficiencies noticed above were neither properly investigated nor were satisfactorily explained by the investigating agency. The supplementary report was filed by concocting up certain hypotheses, that too, without any legal or factual basis.

(3.) During the course of investigation, evidence was collected with respect to the alleged harassment and insults faced by one of the victims, Saseendran as a result of a feud with the private contractor Sri.V.M.Radhakrishnan, the then Managing Director Sri.Sundaramoorthy and the then Executive Secretary Sri.Sooriyanarayanan of M/s Malabar Cement. The case set up by the investigation is that as a result of the feud and harassment, one of the victims, Saseendran had submitted his resignation and decided to kill his two minor sons and to commit suicide. Their dead bodies were found hanging within the room tied up with a structure attached to the roof. His wife Teena after work came to the house and had seen the bodies of the deceased hanging over the roof. Thereupon, his brother gave FI Statement to the police and caused to register FIR arraying the deceased Saseendran as the prime accused alleging offence under Section 302 IPC r/w Section 174 Cr.P.C. It was thereafter that another FIR was also registered based on the statement given by the wife of the deceased Saseendran instead of conducting investigation on the basis of the earlier FIR. It is indeed deplorable that it was under the second FIR, additional accused No.2 to 4 were incorporated. But the offence alleged was restricted only to Section 306 & 506(1) r/w Section 34 IPC excluding the alleged offence of commission of murder under Section 302 IPC included in the first FIR. The very registration of the second FIR selectively excluding some of the offences mentioned in the first FIR would speak volumes of what transpired and was actually perpetrated by the officers who had registered the respective FIRs. This shows the decadence and the loss of moral values prevalent in our society. Subsequently, this Court had directed to consolidate the investigation instead of proceeding separately with two FIRs. Accordingly, a final report was at first submitted and it was rejected for the abovesaid reason ordering further investigation. It was thereafter that a supplementary report under Section 173(8) Cr.P.C. was submitted, that too, without properly addressing the grounds raised, five in number. Now almost ten years have elapsed and the investigation is now in a stasis and crawling on the ground without going into the material aspects involved in the crime. A considerable portion of the investigation was conducted by one Sri.Nandakumar Nair, Additional Superintendent of Police, CBI/SCB, Thiruvananthapuram. A conscious attempt to defeat the administration of justice is conspicuous from the fact that a trumped up supplementary report was submitted without referring to the relevant questions involved. In fact, this has resulted in a flagrant and brazen miscarriage of justice.