SOBY GEORGE Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) Balabhaskar was an acclaimed violinist who created magical notes with his violin. He was one of the youngest music directors in the Malayalam film industry. Unfortunately, his life was snuffed out at the young age of 40 when, on 25/9/2018, he suffered a car accident on the outskirts of Thiruvananthapuram. Balabhaskar succumbed to his injuries within a week after the accident.

(2.) Mangalapuram Police registered Crime No.1591/2018 and commenced investigation into the accident. Parents of the deceased Balabhaskar, who are the revision petitioners in Crl.R.P. No.608 of 2022, were dissatisfied with the investigation carried on by the local police, and hence, at their request, the Crime Branch took over the investigation. Still disquieted over the nature of investigation, petitioners requested the Government to hand it over to the CBI. The Government yielded to the request and directed the CBI to take over the investigation. The CBI registered a new crime on 29/7/2020 as RC3(S)/2020/CBI/SCB/Tvm under Sec. 279, 337, 338 and 304A of the Indian Penal Code, 1860.

(3.) After completing the investigation, CBI, in its report dtd. 27/1/2021, concluded that the death of Balabhaskar was on account of the injuries sustained by him in the road traffic accident that occurred on 25/9/2018 and the driver of the vehicle on the fateful day - Sri. Arjun K. Narayanan was arrayed as the accused. The Chief Judicial Magistrate, Thiruvananthapuram, took cognizance of the case as C.C No. 23 of 2021 and is pending consideration. In the meanwhile, discontented with the nature of investigation and the conclusions arrived at by the CBI, petitioners requested the Chief Judicial Magistrate to order a further investigation. One of the witnesses in the case - Sri. Soby George, the revision petitioner in Crl. R.P No.268 of 2023, who claimed to have seen certain persons attacking the vehicle of Balabhaskar, also filed a petition seeking further investigation. By the impugned order dtd. 29/7/2022, the learned Chief Judicial Magistrate dismissed both applications and, hence, these two revision petitions.