R. GURURAJAN, J. ( 1 ) PETITIONER Sri Nanjaiah is seeking for a CBI investigation to investigate the offences said to have been committed by the accused for offences punishable under Sections 302, 384, 324, 325, 307, 364, 365, 285, 386 and 352 r/w Sections 34 and 149, IPC. ( 2 ) PETITIONER is the father of one Dr. N. Shivkumar. According to petition averment a gruesome murder was committed and the body was found on the railway track near Naguvanahalli, Srirangapatna taluk. Petitioner's son Dr. Shivakumar married Kum. Prabhavathi eldest daughter of Sri Rachaiah, Inspector of Police (Traffic) attached to Devaraja police station, Mysore. Marriage took place on 28-5-2000. Smt. Prabhavathi joined here husband Dr. Shivakumar in Bangalore. A function was arranged on 30-5-2000 by petitioner at Bangalore and on the said day Rachaiah, took along with him Dr. Shivakumar and Prabhavathi to Mysore. Prabhavathi consumed poison at the residence of her father and the reason for the said act is on account of the marriage that had taken place against her wishes. She was admitted, to the hospital. Thereafter on 31-5-2000 some persons known to Mr. Rachaiah created a ugly scene in the house of petitioner and caused damage to petitioner's son and other family members and doors, windows etc. , of the petitioner's house. The matter was reported to police station at Chamrajpet police station. No action was taken by the police authorities. Petitioner has also narrated the ill-treatment meted out to members of his family at the instance of Mr. Rachaiah and his associates. On 1-6-2000 petitioner's son proceeded to Mysore to know whereabout of his mother and brother in a vehicle. He was told on the said day his wife Prabhavathi is dead. His son late Dr. Shivakumar started sobing for the loss of his wife. He wanted to die on the said day. However, on account of this act he was admitted in a hospital at Bangalore. On 1-6-2000 Mr. Rachaiah sent two plain cloth police men to cause harassment. Thereafter they caused several difficulties to the petitioner. According to petitioner averments when Dr. Shivakumar was undergoing treatment at Bangalore he was forcibly got discharged by Rachaiah and was taken along with him. The whereabouts of Dr. Shivkumar was not made known to the petitioner. Representation was made to the police at Bangalore. Thereafter they caused several difficulties to the petitioner. According to petitioner averments when Dr. Shivakumar was undergoing treatment at Bangalore he was forcibly got discharged by Rachaiah and was taken along with him. The whereabouts of Dr. Shivkumar was not made known to the petitioner. Representation was made to the police at Bangalore. A case was registered in Crime No. 149/2000 of Chamrajpet police station, Bangalore. On 11-6-2000 petitioner received a telephone call and was told that a dead body was found near railway track near Srirangapatna. He was to identify the dead body. Lateron he went to Mysore and identified the body as his son. In these circumstances petitioner submitted a complaint on 12-6-2000 for an appropriate action in terms of criminal law as applicable to this case. ( 3 ) PETITIONER also says that Mr. Rachaiah is closely known to the Minister of Education in Bangalore Sri Vishwanath and according to him that no justice would be done on account of nearness of Rachaiah to the said Minister. He made a request to get the same investigated by COD. Petitioner in the lengthy petition states that facts of the petition would show that he is not likely to get justice in the hands of police authorities. In these circumstances he wants to CBI enquiry on the facts of this case. ( 4 ) NOTICE was issued and the respondents have entered appearance. The case was posted from time to time 11-6-2001 matter was heard in part. It was noticed by this Court that though the matter is handed cover to COD on 20-6-2000 no action was taken and therefore Court sought for status report in the matter. A status report was field on 11-7-2001. On 16-8-2001 matter was again heard. On 20-8-2001 this Court directed the respondent to file a statement with regard to further progress in the matter. On 3-12-2001 this Court noticed the inconsistent stand made by respondents status report. In those circumstances a further affidavit was filed by the respondent in terms of the order. Thereafter petitioner complained that no case is registered in the light of the nearness of Mr. Rachaiah to the Minister. Subsequently it was noticed that a case is already registered and the concerned people are arrested. ( 5 ) HEARD the counsel for the parties. Thereafter petitioner complained that no case is registered in the light of the nearness of Mr. Rachaiah to the Minister. Subsequently it was noticed that a case is already registered and the concerned people are arrested. ( 5 ) HEARD the counsel for the parties. ( 6 ) SRI C. V. Nagesh learned counsel appearing for the petitioner invites may attention to the facts of this brutal murder and the inaction on the part of the police authority. He refers to the facts leading to filing of this petition. Counsel says that notwithstanding that material available on record case was not even registered. It is only at the intervention of this Court case was registered. He states that a missing complaint is filed notwithstanding the murder. In the circumstances he wants this matter to be handed over to CBI. ( 7 ) LEARNED Government counsel refers to various investigative details, and he also places before this Court the charge sheet filed by the respondents. ( 8 ) AFTER hearing the counsel this Court is of the view that the respondent police authorities are not serious as expected of them. This Court cannot but observe that rule of law can take its roots only if police authorities investigate the crimes in the right perspective and bring the culprits to books in accordance with law. Inaction or delayed action on the part of the police has a definite bearing on the result of the case. In the present case it is seen that the petitioner has made serious allegations of brutal murder by Mr. Rachaiah and others. Case was not even registered. It is only when this Court took serious view of the matter a case was registered. Now a charge sheet is filed. In the light of the subsequent filing of the charge sheet, this Court is of the view that a definite case as such is not made out for a CBI enquiry. A direction to have CBI investigation has to be done on the basis of the facts placed before this Court by the parties. In light of the subsequent registration of the case and subsequent filing of the charge sheet this Court is of the view that no CBI enquiry as such is needed in the light of the subsequent development. A direction to have CBI investigation has to be done on the basis of the facts placed before this Court by the parties. In light of the subsequent registration of the case and subsequent filing of the charge sheet this Court is of the view that no CBI enquiry as such is needed in the light of the subsequent development. ( 9 ) THIS Court further notices of a charge sheet having been filed by COD in Crime No. 84/2000. Mr. Rachaiah has been charge sheeted for certain offences in terms of IPC. The material placed before this Court would show that the matter may require a relook by COD. A cursory glance of the material would show that COD has not effectively applied its mind to the case in hand. It is seen from the examination of Mr. Rachaiah several questions have been put to him. He has answered "no" to various questions. In so far as question 21 is concerned i. e. , "q. 21. Is it true that Dr. Shivakumar never reached your residence after his discharge from the Shekar Hospital as he was murdered on his way to Mysore ?" to this question he said "yes" even when the question was repeated twice. When Rachaiah was confronted with polygraph findings in a brief post polygraph interview, denied his involvement in crime. Polygraph test showed that the suspect is not telling the truth about the incidence as observed from his responses and physiological changes which were indicative of his deception to the above set of questions. This was confirmed during the repeat test, ( 10 ) THE Asst. Director of Forensic Psychology Division, Forensic Science Laboratory, Madiwala, Bangalore, has concluded :"when the questions related to the suspected murder of Dr. Shivakumar were administered to the suspects Mr. Mahesh, Mr. Rachaiah and Mr. Rathnamma the kymograph indicated the signs of deception. This suggest that the above mentioned suspects have knowledge about the crime. When the questions related to the suspected murder of Dr. Shivakumar were administered to the suspects Mr. Chandrasekar, Mrs. Prabhavathi and Ms. Kavita the kymograph did not indicated any signs of deception suggesting that these suspects have no knowledge about the crime. In view of the above it is advised to subject Mr. Mahesh, Mr. Rachaiah and Mr. . Rathnamma to EEF- P 300 test. Shivakumar were administered to the suspects Mr. Chandrasekar, Mrs. Prabhavathi and Ms. Kavita the kymograph did not indicated any signs of deception suggesting that these suspects have no knowledge about the crime. In view of the above it is advised to subject Mr. Mahesh, Mr. Rachaiah and Mr. . Rathnamma to EEF- P 300 test. " ( 11 ) IN the light of these material I deem it proper to direct COD to have a second look in the matter of charging the accused for appropriate offences on the basis of the materials placed on the record. Since the accused in the case on hand is said to be a police officer I deem it proper that the second relook is to be carried out by the Director General of COD in the larger interest of purity in investigation. 11a. Writ petition is allowed partly. Request for CBI enquiry is rejected for the present. A direction is issued to Director General of COD to have a second look with regard to charge sheet in the light of the discussions made above and to take such action as deemed fit in accordance with law. ( 12 ) IN so far as IA I for impleading is concerned no orders are passed in the light of subsequent developments. ( 13 ) ORDERED accordingly. No costs. Petition partly allowed. --- *** --- .