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Judgment
Dr. Kauser Edappagath, J
This writ petition has been filed to hand over the investigation in Crime No.776/2020 of Chottanikkara Police Station to the CBI.
The petitioner is the father of the victim. The petitioner was married to one Sreekanth on 7.9.2018. The husband was employed at Marriot Calgary at Cananda. After the marriage, the victim was taken to Canada on 13.4.2019 and they lived there as husband and wife.
According to the prosecution, while the victim and her husband were residing at Canada as husband and wife, the husband subjected the wife to cruelty, both physically and mentally. It is further alleged that the victim was brutally attacked and forced to consume cannabis by her husband with an intention to kill her. Thereafter, the victim was brought to India and filed a compliant to the local police who registered the above crime against the husband.
According to the petitioner, the major part of the incident took place at Canada and the local police may not be able to conduct the investigation in a proper manner. It is in these circumstances this writ petition has been filed to entrust the investigation to CBI.
A statement has been filed on behalf of respondents 3 and 4, Director and the Superintendent of Police, Kerala Branch CBI respectively. It is stated in the statement that the CBI will comply with any order passed by this Court. The learned ASGI submits that the CBI is prepared to take over the investigation.
The learned Public Prosecutor Sri. M.P. Prasanth appearing for respondents 1, 2 and 5 submitted that the local police has absolutely no objection in handing over the investigation to CBI. As instructed by this Court, the 5th respondent has filed a detailed statement. In paragraph XVIII of the statement it is stated that since the offence occurred at Calgary, Canada, there are so many limitations and hurdles on the investigation path and it is better that the investigation is entrusted to a national agency like the CBI. In these circumstance, I am of the view that the prayer sought for in this writ petition can be granted.
In the result, the investigation of Crime No. 776/2020 of Chottanikkara Police Station is ordered to be entrusted to the CBI. The 5th respondent shall hand over the entire case dairy to the CBI at their request.