JUDGMENT

Dated this the 13th day of June 2022 Shaji P. Chaly, J.

The Central Bureau of Investigation, the third respondent in W.P.

(C)No.24741 of 2010 has come up in appeal challenging the judgment of the learned Single Judge dated 17.3.2020 whereby, the writ petition was allowed and the investigation conducted by CBCID in Crime No.89/2007 is directed to be handed over to the appellant; and further directed that the entire records and documents pertaining to the case shall be entrusted to the CBI. The aforesaid writ petition was considered along with W.P. (C)No.25971/2010 filed by one Girija Kumari, who is the mother of the deceased Minila Krishnan who is alleged to have committed suicide on

17.8.2006.

2. Brief material facts for the disposal of the appeal are as follows:

On 17.8.2006, Smt.Minila Krishnan, the wife of the petitioner in W.P.

(C)No.24741/2010 committed suicide. Sri.Noushad, the husband of the deceased i.e., the first respondent herein gave F.I. statement before the Poojappura Police Station, Thiruvananthapuram which registered Crime No.204/2006. Later, alleging that the investigation was not conducted in a proper manner made several representations to the Home Minister of Kerala and the Director General of Police for conducting proper investigation. The contention put forth by Sri.Noushad was that the mother of his wife and one Viju, uncle of the deceased, are directly involved in the death of his wife. According to Sri.Noushad, his deceased wife had taken many loans from various financial institutions to satisfy the demands of her mother and uncle. Other allegations were also made. However, on 9.2.2007 the Additional Director General of Police, Kerala passed an order directing CBCID to conduct further investigation in Crime No.204/2006. While so, Smt.Girija Kumari, mother of the deceased, the 5th respondent in the appeal made a complaint before the Additional Chief Judicial Magistrate Court against Sri.Noushad and Sri.Viju and consequently, the Additional Chief Judicial Magistrate Court forwarded the petition to Poojappura Police Station and Crime No.53/2007 has been registered by the Poojappura Police. Later, both Crime Nos.204/2006 and 53/2007 were forwarded to the CBCID, Thiruvananthapuram and Crime No.89/2007 has been registered. Thereafter, Sri.Noushad was arrested and later he was released on bail as per the orders of a learned Single Judge of this court. According to Sri.Noushad, CBCID was not conducting the investigation properly in order to find out the reasons for the suicide of his wife and he has further alleged that CBCID has acted only in accordance with the version of his mother in law. Other contentions in regard to involvement of a mafia are also raised. Even though Sri.Noushad filed a writ petition before this court for conducting proper investigation, it was dismissed leaving open the liberty of Noushad to approach the Magistrate Court for the purpose. Later when the final report was filed, Noushad filed a petition before the competent Magistrate, under Section 173(8) of Cr.P.C. seeking a direction for further investigation and Sri.Viju, who is made second accused in the crime by CBCID has also filed another petition for further investigation. The Additional Chief Judicial Magistrate Court, Thiruvananthapuram allowed the prayer for further investigation as per an order dated 26.5.2010 through Dy.S.P., CBCID, Thiruvananthapuram. It is thus aggrieved by non-entrustment of further investigation with the appellant i.e., Central Bureau of Investigation Sri.Noushad has filed the instant writ petition. Meanwhile, mother of the deceased has filed W.P.(C)No.25971/2010 challenging the order dated 26.5.2010 wherein further investigation was ordered by the Additional Chief Judicial Magistrate Court. Thus, the writ petitions were heard together and a common judgment was passed. The learned Single Judge, after assimilating the factual and legal circumstances, was of the opinion that there are circumstances est