LAWS(KER)-2023-11-229

DOLLY THANKACHAN Vs. STATE OF KERALA

Decided On November 22, 2023
Dolly Thankachan Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) Petitioner has approached this Court by filing the above writ petition, seeking a proper and effective investigation into Crime No.1636/2021 of Valiyathura police station.

(2.) The case of the petitioner is that, the death of the petitioner's daughter was on account of harassment by her husband (one Rameez) and his family members. It is submitted that, on the basis of a complaint given by the petitioner's daughter, Crime No.166/2016 of Vizhinjam police station was pending against one Abdul Rahman, father of Rameez , alleging commission of offences under Ss. 294(b), 341 and 323 of the Indian Penal Code. The matter is now pending as C.C. No.2005/2016 on the file of the Judicial First Class Magistrate Court, Neyyattinkara. It is submitted that, on account of matrimonial disputes,petitioner's daughter had to leave her matrimonial house and had to live with the petitioner. It is alleged that the aforesaid Rameez had an illicit relationship with another lady, named Anju Babu, and the aforesaid Rameez had concealed the fact of his marriage with the daughter of the petitioner to the aforesaid Anju Babu, as a result of which, the aforesaid Anju Babu had attacked the daughter of the petitioner and her children and had abused them using filthy language in the presence of the aforesaid Rameez. It is submitted that, regarding the aforesaid incident also, Ext.P2 complaint had been filed before the Sub Inspector of Police, Women's Police Station, Cantonment, Thiruvananthapuram. It is submitted that Ext.P3 complaint was also submitted regarding the activities of the aforesaid Anju Babu before the Women's Commission, Thiruvananthapuram, by the petitioner's daughter. It is submitted that, owing to all the issues surrounding her marriage with the aforesaid Rameez (including the illicit relationship of the said Rameez with Anju Babu), petitioner's daughter committed suicide on 2/9/2021, following which Crime No.1636/2021 of Valiyathura police station was registered. It is the complaint of the petitioner that no effective investigation was conducted by the 4th respondent (the Station House Officer, Valiyathura police station) into the said Crime.

(3.) Learned Public Prosecutor would submit that Crime No.1636/2021 of Valiyathura police station was registered under Sec. 174 Cr.P.C and an enquiry report has been filed before the Sub Divisional Magistrate, Thiruvananthapuram, closing the matter as a case of suicide.