NOUSHAD Vs. STATE OF KERALA

JUDGEMENT

(1.) The petition is filed by the defacto complainant in SC No.1908/2011 of the Sessions Court, Kollam aggrieved by the order dated 31/3/2016 directing the investigating officer, who laid the final report, to proceed with the further investigation in compliance with the order of that Court in Crl.M.P.No.1902/2015.

(2.) The case relates to the death of a four and half year old child who was subjected to unnatural offence by the accused on 7/1/2006 and thereafter committed the murder of the child. He also caused disappearance of the evidence of crime. On the basis of the crime registered, investigation commenced. When the investigation was going on, father of the victim had filed W.P.(C) No.13425/2006 for change of the investigating officer. This Court allowed the writ petition with a direction that CI of police himself shall conduct the further investigation. Thereafter, another writ petition viz.W.P(C) No.3356/2007 requesting for an investigation by the CBCID, This Court dismissed the petition and permitted the investigating officer to submit the final report. Accordingly, Deputy Superintendent of Police, CBCID, H.H Wing, Kollam, took over the investigation After investigation final report was laid for offences punishable under Sections 201,377 and 302 IPC. Towards the close of the prosecution evidence, the defacto complainant filed Criminal M.P.No.1902/2015 seeking further investigation on the allegation that several material witnesses were not included in the witness list and many materials recovered were not produced in the court. After hearing both sides, the court allowed the petition and by the order dated 23/7/2015 directed the investigating officer, who laid the final report, to conduct the further investigation and to complete the investigation. Since there was delay in filing of the final report, notice was issued for the personal appearance of the investigating officer. On 24/2/2016, the Superintendent of Police, Crime Branch CID, Economic Offences, Section 1, Kollam, appeared and filed a report stating that while the Deputy Superintendent of Police, CBCID, HH Wing, Kollam was conducting the further investigation, the Addl. Director General of Police (Crimes) based on the order of the Minister for Home and Vigilance, directed him to take over the investigation. Accordingly, he took over the investigation. The statement filed by the State in this Crl.MC. Indicates that it was on the basis of a request by the father of the deceased child, that the investigating officer was changed by the order of the Ministry of Home & Vigilance,dated 25/11/2015.

(3.) The learned Sessions Judge holding that though the Government is having authority to change the investigating officer without leave of the court, once the direction is given to an officer to conduct further investigation in a criminal case, it shall not be changed without the permission of the Sessions Court. Consequently, the Superintendent of Police was directed to handover the investigation to Deputy Superintendent of Police with a direction to complete the in investigation and to file a final report on or before 23/5/2016. This order is under challenge at the instance of the defacto complainant.