IMPORTANT POINT
Further investigation certainly is continuation of the earlier investigation and not a fresh investigation or a reinvestigation or a de novo investigation, to be started ab initio wiping out the earlier investigation Fair trial includes fair investigation as envisaged by Articles 20 and 21 of the Constitution of India. Though, well demarcated contours of crime detection and adjudication do exist, if the investigation is neither effective nor purposeful nor objective nor fair, it would be the solemn obligation of the courts, if considered necessary, to order further investigation or reinvestigation as the case may be, to discover the truth so as to prevent miscarriage of the justice.

JUDGMENT :

Ravikumar, J.

The State of Kerala and two of its officers viz., the State Police Chief and the Station House Officer, Bekal Police Station have come up in appeal on being aggrieved by the judgment dated 30.9.2019 in W.P.(C)No.10265 of 2019. As per the impugned judgment, the learned Single Judge set aside the report filed under Section 173(2) of the Code of Criminal Procedure, 1973 (for brevity 'Cr.P.C.' only) in Crime No.75/CB/KNR&KSD/2019 of Crime Branch, Kasaragod (Crime No.81 of 2019 of Bekal Police Station), before the committal Court viz., the Judicial First Class Magistrate Court-II, Hosdurg and transferred its investigation to the Central Bureau of Investigation (CBI). In this context, it is worthwhile to refer to the reliefs sought for, in the writ petition filed by respondents 1 to 4 herein. They read thus:-

“(i) Issuing a Writ of Mandamus or any other writ or order directing the 4th respondent to investigate the case viz., FIR No.81/2019 of Bekal Police Station, Kasargod district, Kerala (Corresponding to re-registered FIR No.75/2019 of CB) and file charge sheet before the appropriate court having jurisdiction.

(ii) Granting such other interim reliefs which this Hon'ble Court may deem fit and proper to secure the ends of justice.”

It is also worthwhile to note that pending the writ petition investigation was completed in the aforesaid crime and thereupon the Investigating Officer of the Special Investigation Team (SIT) filed the final report. It is the said report which was set aside as per the impugned judgment. The writ petitioners have produced the copy of the final report as Ext.P24 along with the reply affidavit. The appellants, inter alia, contended that the learned Single Judge has erred in setting aside Ext.P24 final report as there was no specific challenge against it.

2. A succinct narration of facts is inevitable for an appropriate disposal of this appeal. The writ petitioners/respondents 1 to 4 in this appeal are the parents of the two victims, namely, one Kripesh aged 21 years and one Sarath Lal @ Joshy, aged 24 years who were done to death on 17.2.2019 at about 7.45 p.m. at Kannadippara on the Kallyottu-Thannithodu road in Periya Village of Kasaragod District. Respondents 1 and 2 are the parents of deceased Kripesh and respondents 3 and 4 are the parents of deceased Sarath Lal @ Joshy. The First Information Statement was lodged by one Sreekumar (CW1) and on its basis FIR No.81/2019 was registered at Bekal Police Station under Section 302 of the Indian Penal Code (IPC) on the same day, in connection with the incident. On 18.2.2019, the District Police Chief, Kasaragod constituted a Special Investigation Team (SIT) for investigation of the said crime with Sri. Pradeepkumar M., Deputy Superintendent of Police, C-Branch (District Crime Branch) as the Investigating Officer and the team consisted of two Deputy Superintendents of Police, three Inspectors and Cyber Cell Experts. On 21.2.2019 the case was transferred to Crime Branch and it was reregistered as Crime No.75/CB/KNR&KSD/2019 of Crime Branch, Kasargod. Sri.Pradeep.P.M., Dy.S.P., Crime Branch, Malappuram was appointed the Investigating Officer under the direct supervision of Sri. V.M. Mohammed Rafique, SP, CB, Ernakulam. Later, Sri.Sabu Mathew K.M., SP, Crime Branch, Kottayam was made the Supervisory Officer in place of V.M. Mohammed Rafique and the SIT was reconstituted with 21 members. Sri.Pradeep.P.M. continues to be the Investigating Officer and this fact is evident from Exts.P24 and P25. The offences alleged in the case are punishable under Sections 143, 147, 148, 341, 326, 201, 212, 120B, 118 and 302 r/w Section 149, IPC.

3. The case of the prosecution, in short, as revealed from Ext.P24 final report is that in furtherance of the criminal conspiracy hatched between accused Nos.1 to 9 and 11, who are workers of the political party -CPI(M),