SHAJI Vs. STATE OF KERALA

JUDGEMENT

(1.) A common judgment issued in two Writ Petitions on issues referable to handing over of investigation of a criminal case to Central Bureau of Investigation (CBI) is under challenge in these intra-court appeals filed under Sec. 5 of the Kerala High Court Act, 1958.

(2.) Heard the learned senior advocates for the appellants, the learned senior advocate for the contesting respondent and the learned Advocate General.

(3.) We are concerned with Crime No.136 of 2012 of Kannapuram Police Station, Kannur District; for short, 'Crime Case'. W.P.(C) No.25123 of 2013 was filed by the mother of the deceased victim alleging that the investigation at the hands of the State Police is misdirected, particularly inasmuch as there was a concerted effort on the part of the investigator or the investigating team to exclude accused persons at serial Nos.32 and 33 (A32 and A33) from being covered for commission of all the offences which are traceable to them, including criminal conspiracy; and that those persons are attempted to be charged only, with lesser offences. She, therefore, sought appropriate orders for handing over the crime Case to the C.B.I. for investigation. Pending her Writ Petition, final report was filed before the JFCM concerned. That final report is one whereby though A32 and A33 were enlisted alleging commission of punishable under Sec. 118 I.P.C. read with Sections 364,367 and 302 I.P.C., those persons were not arraigned for offence punishable under Sec. 120B I.P.C., even though allegation of such offence is levelled against A28, A29, A30 and A31.