LAWS(KER)-2007-1-615

MAGI SENSALAVOS Vs. L N MAHARANA

Decided On January 25, 2007
MAGI SENSALAVOS Appellant
V/S
COMMISSIONER OF POLICE Respondents

JUDGEMENT

(1.) The petitioner is the wife of the deceased person, who was found lying near the bathroom at his factory while working in the shift from 12.00 night to 08.00 hours on 4.11.2006. He was already working in the shift from 4 p.m. to midnight on 3.11.06 and he had continued the work in the next shift also. Persons who found the deceased lying at that spot had got him removed to the hospital. He had undergone treatment at the hospital. He breathed his last on 6.11.2006.

(2.) The petitioner lodged a complaint before the Superintendent of Police on 15.11.2006. That complaint was enquired into and ultimately a crime was registered under Section 174 Cr.P.C. under the caption 'unnatural death' on 7.12.2006. Enquiry is in progress. It is at that stage that the petitioner has come to this Court with a petition that the investigation, which is now being conducted, is inadequate and further directions may be issued to the police.

(3.) The grievance/apprehension of the petitioner is that it was a case of sheer negligence on the part of the employer of the deceased. The 3rd respondent is the Secretary to Government, Govt. of India, Ministry of Labour, New Delhi. The counsel appearing on behalf of the third respondent contends that it was a case of natural death. The deceased, who had some ailments, had fallen only on account of his illness. There is absolutely no negligence on the part of the Company.