ANTONY DEVASSIA & ANOTHER Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners are stated to be the persons cheated by the accused in the Ext.P3 complaint.It is alleged that large number of person were taken to Baharin under visiting Visa making them believing that those visas were job visas.After reaching there,they were subjected to inhumane treatment and torture.The first petitioner was put in jail and subsequently sent back to Kerala.The second petitioner also came back with the help of Indian Embassy.So after their return from there,one of them filed a complaint before the J.F.C.M.Changanacherry as CMP.282/94 which was forwarded to the SHO Vakathanam for investigation,Based on that complaint,crime No.7/2004 was registered under S.420,344,354 and 347 IPC.

(2.) IT is alleged that the respondents are not investigating the case properly and the investigation officer is helping the accused.The respondents have filed a statement stating that they have constituted a team of officers for the investigation of the case.The petitioners have raised very serious allegations against some of the members of the team.It is submitted that if those officers are entrusted with the investigation,petitioners will not get any justice.Hence the prayer is to entrust the investigation with Central Bureau of Investigation.

(3.) IN the result,the writ petition is allowed.There will be a direction to the team,who are investigating Crime No.7/2004 of Vakathanam Police Station registered under S.420,344,354 and 347 IPC to hand over the investigation of the same to the Central Bureau of Investigation.The respondents 2 to 4 shall hand over the entire case records and any other material object collected pertaining to crime No.7/2004 of Vakathanam Police station with the competent officer of the Central Bureau of Investigation forthwith.