CBI, which is probing the custodial death of a murder accused here, on Tuesday moved the Kerala High Court seeking a direction to the state Home secretary to handover the case file to it.
The probe agency, which was ordered by the court to investigate the case, said they could not proceed with the investigation as the police have not yet handed over the case files to it.
The court on May 25 had directed the CBI to probe into the custodial death of Sampath, an accused in the murder of a businessman's wife, after observing that the investigation by the state police had turned out to be a "mockery".
Justice V Ramkumar had passed the order on a petition by Murukesh, brother of Sampath, who died on March 29 in police custody due to alleged torture by them.
CBI said even after the court's direction, the government is not taking any action to handover the files to it.
Sampath and two others are accused in the brutal murder of the 47-year-old woman. But before he was produced before the court, Sampath died allegedly due to police torture.
Fourteen police personnel, including a DySP and Circle Inspector, have been arrested and suspended from service in connection with Sampath's death.