THOTTATHIL B.RADHAKRISHNAN, J.

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 S.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 S.118 I.P.C. read with Ss.364, 367 and 302 I.P.C., those persons were not arraigned for offence punishable under S.120B I.P.C., even though allegation of such offence is levelled against A28, A29, A30 and A31.

4. Pending the afore-noted Writ Petition, Government of Kerala issued notification dated 18.12.2013 under Section 6 of the Delhi Special Police Establishment Act, 1946, ‘DSPE Act’, for short, according consent to the members of the Delhi Special Police Establishment to exercise powers and jurisdiction in the whole of State of Kerala to investigate the offences involved in the Crime Case and other matters thereto. That is the Crime Case in relation to which the mother of the victim had sought direction to have the case investigated through C.B.I. The said notification was published in the Kerala Gazette on 19.12.2013.

5. Challenging the aforesaid notification, W.P.(C) No.572 of 2014 was filed by T.V. Rajesh, who is arrayed as accused No.33 in the Crime Case, and one Shaji K.V.

6. The sum and substance of the allegations of the mother of the victim being that accused No.32 who was the District Secretary of CPI(M), a political party, and accused No.33, who is a member of the Kerala Legislative Assembly, have been surreptitiously excluded from being charged for offences relating to criminal conspiracy etc., though their involvement to that effect is so apparent and overwhelming; the accused persons who challenged the State Government’s notification under the D.S.P.E. Act took the stand that the victim’s mother is a tool in the hands of I.U.M.L., another political party.

7. After considering the submissions of the learned counsel for the parties and also taking note of the submission on behalf of the State Government, the learned single Judge held that even if the Central Government has not issued a further notification following the notification issued by the State Government giving consent under the D.S.P.E. Act, this is an eminently fit case where this court steps in, in exercise of powers under Article 226 of the Constitution of India and the power of the High Court under S.482 Cr. P.C. to order a further investigation in the matter and to entrust such further investigation to C.B.I. The learned single Judge also did not countenance the opposition of the Central Government that C.B.I. is flooded with similar investigations because, according to the learned single Judge, when the conscience of the Court is shaken and when the cries of the bereaved mother of the deceased are echoing in the ears of the Court, the matter cannot be left without this Court ordering a further in