The role of a victim, including his family members, of a heinous crime, during investigation and trial in the present criminal justice delivery system and incidentally, the role of higher/superior courts in respect of investigation at the initial stage of filing of final report by the investigating agency are the subject matter of this writ petition.

2. The writ petitioner, unfortunate father of deceased Paul in homicidal attack and death, has approached this Court under Article 226 of the Constitution of India seeking a direction for investigation in Cr.No.197/09 of Nedumudi Police Station, Alappuzha by an independent investigating agency like Central Bureau of Investigation.

3. Taking into consideration the fact that investigation in this case is complete and final report (charge sheet) is filed by the investigation before the Magistrate, the brief and necessary facts as per prosecution, for our purpose, are as follows:

4. The petitioner, M.G.George Muthoot along with his three sons including deceased Paul are running one of the largest business groups in India hailing from Kerala, having more than 1000 branches all over India with assets estimated at more than Rs.20,000 Crores. It is undisputed that though originally this group was engaged in Gold loan business, over the years has entered into various other businesses.

5. It is stated that the deceased, based in Delhi till April, 2009, had come down to Kerala in May, 2009 to take charge of construction and plantation division.

6. On the night of 21.08.2009 at about 12.30 midnight the family was informed by the driver by name Shibu (driver of Paul's car) that Paul was brutally attacked and lying in pool of blood.

7. The eldest son of petitioner rushes to Alappuzha Medical College Hospital, finds Paul dead and also learns that another person Manu, alleged to be travelling with deceased Paul is also injured and admitted to hospital in unconscious state.

8. According to investigation, at 3.00 AM on the basis of first information given by the driver, Shibu a case in Crime No.197/2009 is registered at jurisdictional police station at Nedumudi and investigation is taken up and now final report (charge sheet) is also filed.

9. In order to understand the case, it is necessary to note the contents of the first information (original is in Malayalam and we have looked into the uncontroverted translation in English as one of us (S.R.Bannurmath, C.J) is not conversant with Malayalam).

10. The gist of the translated first information reads as follows:

"Deposition given by Shibu Thomas, 32 years, residing at rented house Siva Kripa, Chakkamadom Line, Kaloor-kathrikadavu Road, Ernakulam coming from Vandanath house, IXth Ward, Kanjiyar Panchayat, Ayyappankovil Village, Udumbanchola Taluk, Idukki District to P.A. Alaphonse, Sub Inspector, Nedumudi Police Station at 03.00 on 22/8/09.

I am working as a driver at Cardamom County Hotel of Muthoot at Thekkady. Now I am working at Muthoot Office at Kadavanthara Ernakulam. 3 persons known to Paul sir came from Trivandrum to see the Executive Director Paul sir in KL01-AS- 8407 Ford Endeavour black coloured Car. Thereafter Paul sir along with them from Avenue Regent Hotel to the flat and from there went with them in the car they came and went to Mararikulam the property taken for the resort. All of them consumed liquor there. About

11.30 at night sir and two persons with him got into the car they came. Since one person consumed too much liquor hence he was taken the Scorpio car being No.KL6-D-3174 of the sir driven by me. Sir came in the car they came with, to Pamba Villa resort at Chambakulam. I was directed to take the key of said resort from the office of Muthoot Backwater Cruise (MBC) below the Pallathuruthy bridge. I drove the vehicle from Mararikulam. When I came to Pallathuruthy Office and asked for the key they said that as per the call of sir the keys were taken there. So I went by vehicle to Chambakulam following the sir. Sir