RAMACHANDRAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application filed by the petitioner seeking intervention of this Court for conducting proper investigation in relation to the suspicious death of his daughter, under Article 226 of the Constitution of India.

(2.) IT is alleged in the petition that the petitioner's daughter by name 'Raji' had died by hanging on 25.09.2012 and according to the petitioner, there is no circumstance which warranted the deceased to commit suicide at that time. Though a case has been registered by the police as Crime No. 470/2012 of Kodumon Police station under the caption 'unnatural death', no proper enquiry was conducted and they were trying to hush up the investigation and to file a report stating that it is a case of suicide. He has filed Ext. P3 petition stating these facts and also filed several complaints before the authorities and all fell into the deaf ears of the authorities. Further, one 'Sunil' was misbehaving with his daughter, which, according to the petitioner, had caused the daughter to commit suicide and the reason stated by the investigating agency to come to the conclusion that it is a case of suicide and there is no suspicious circumstances are not sufficient for his daughter to commit suicide as well. So he has no other remedy except to approach this Court seeking the following reliefs: "i. To call for the records leading to Exhibit -P1 and issue a Writ of Mandamus or any other appropriate writ, order or direction to the respondent No.1 to entrust further investigation of Crime No. 470/2012 in the matter of suspicious death of petitioner's daughter Raji, aged 23 by constituting a special investigation team headed by a police officer not less than the rank of Deputy Superintendent of Police and monitored by an officer not less than the rank of Deputy Inspector General of Police. ii. To issue a direction to the respondents to take all necessary steps for an effective and proper investigation; iii. Issue such other writ, direction or order as is deemed just, proper and necessary under the circumstances of the case."

(3.) ON the basis of the allegations in the petition a statement has been called for from the official respondents and the 5th respondent has filed a statement in which he had categorically stated that the investigation was properly conducted and there was no suspicious circumstances brought out in respect of the death of the deceased and it was a clear case of suicide and according to them, the attitude of the petitioner was also responsible for the deceased to commit suicide. Petitioner had sent several compliant to several authorities and those complaints were enquired into by Dy. Superintendent of Police, Adoor and also Dy. Superintendent of Police, Crime Detachment and they also came to a conclusion that the allegations in the complaint were not genuine and the investigation conducted is proper and no further investigation is required in this regard and they have also filed a report before the Sub Divisional Magistrate Court stating that it is a case of suicide. It is further stated in the statement that if the petitioner has got any grievance, his remedy is to file his objection before the Sub Divisional Magistrate under Section 176 Code of Criminal Procedure (hereinafter referred to as 'the Code') and they prayed for dismissal of the application.