K.KRISHNAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner seeks an effective investigation into the death of his daughter Geethu. She married Vipin Chandran on 30/4/2017. Geethu was found hanging in her bedroom on 25/11/2021, where her three-year-old son Ishan Dev was near her. Tirur Police registered Crime No.1304/2021 under the caption 174 of the Code of Criminal Procedure, 1973 (for short 'the Code'). The proceedings are now pending before the Sub Divisional Magistrate, Tirur. Before her death, Geethu had complained of harassment from the family of Vipin Chandran in connection with dowry and other marital issues. The death occurred within seven years of her marriage. The Police have not included any cognizable offence.

(2.) The petitioner filed a complaint before the District Superintendent of Police seeking an effective investigation into the matter. He got reliable information that the Police were trying to close the matter as unnatural death.

(3.) The procedure being followed by the Police in cases where inquiry is conducted under Sec. 174 of the Code is also under vehement challenge in this proceedings. The concern raised is that as the report under Sec. 174(2) of the Code does not reach the Judicial Magistrate concerned and is forwarded to the Executive Magistrate, the near relatives of the victim are deprived of the opportunity to challenge the conclusions arrived at in the inquiry. It is submitted that the informants and the near relatives in such cases are kept in the dark regarding the proceedings.