K CHANDRASEKARAN Vs. STATE

JUDGEMENT

(1.) Petitioner seeks a direction to the respondent to file First Information Report and all the other documents including Final Report in respect of Crime No. 4 of 2012 on the file of Denadu Combai Police Station before learned Judicial Magistrate, Ootacamund. Petitioner/de facto complainant was the father of the deceased Nandakumar, who died on 03.12.2011. Suspecting that the wife and in-laws of the deceased could have caused his death, the de facto complainant has preferred a complaint before the respondent police, which has been registered in Crime No. 4 of 2012 under Section 174 Cr.P.C. Pursuant thereto, the body was exhumed, inquest and postmortem was conducted in the presence of Tashildar, Coonoor, on 08.02.2012. The internal organs of the deceased were sent for chemical analysis. Chemical Analysis Report revealed that the deceased would appear to have died due to "Organo Phosphorus Insecticide Poisoning". On the basis of the opinion of Dr. Jaisingh, Coimbatore Medical College Hospital, to the effect that the person who consumes pesticide poison would die within 24 hours of consumption and if there was any force in consumption, there would be some marks on the inner lips and the persistent ill-health of the deceased when he was alive, the investigative officer has closed the case. The investigative officer has also stated that if there be any real suspicion, the complainant could have very well brought the same to the knowledge of the respondent, before the body was exhumed.

(2.) Informing that the respondent has not fairly conducted himself in investigating the case, the petitioner has filed a petition in Crl. O.P. No. 17440 of 2012 before this Court seeking transfer of investigation. Learned counsel for petitioner submits that this Court, under orders dated 16.08.2013, while directing the respondent to file final report within a period four weeks, has directed the Deputy Superintendent of Police to monitor the investigation. The petitioner filed a copy application on 02.12.2013 before the trial Court seeking copies of (1) First Information Report, (2) 161(3) Cr.P.C. statements (3) Postmortem Certificate (4) Chemical Examiners Report and (5) Final Report. However, the trial Court has returned the same with an endorsement 'CA mentioned documents not received so far in this Court. Hence returned.' Thereafter, the petitioner moved the Right to Information Authority on 05.03.2014, who furnished copies of Further Action Dropped Report and 161(3) Cr.P.C. statement of witnesses. Instead of filing the reports and documents in the case before the jurisdictional Magistrate, the respondent has sent the same to Tashildar, Ooty. Stating as above, learned counsel prays for issuance of a direction to the respondent to file concerned documents in the case before the jurisdictional Magistrate.

(3.) Learned Additional Public Prosecutor submits that the case has been registered under Section 174(3)(iv) Cr.P.C. in Crime No. 04/2012. Upon due enquiry, it is found that there is no truth in the complaint and hence, the enquiry had been closed. He submits that where a case stands registered under Section 174 Cr.P.C. and on enquiry therein no offence is found to have been committed, the police do not file a refer charge sheet/negative final report before the jurisdictional Magistrate.