IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 17TH JULY 2009 / 26TH ASHADHA 1931 WP(C).No. 16585 of 2009(Q) ---------------------------------------- PETITIONER(S): ------------------------ GANGADHARAN NAIR, S/O NARAYANAN NAIR, AGED 71 YEARS, KARUMATH HOUSE, VELLITHIRUTHI, P.O. MARATHAMCODE, KUNNAMKULAM, THRISSUR DISTRICT. BY ADV. MR.K.M.SATHYANATHA MENON RESPONDENT(S): --------------------------- 1. THE SUB INSPECTOR OF POLICE, TOWN WEST POLICE STATION, THRISSUR. 2. THE CIRCLE INSPECTOR OF POLICE, TOWN WEST POLICE STATION, THRISSUR. 3. THE CIRCLE INSPECTOR OF POLICE, CHELAKKARA POLICE STATION, THRISSUR DISTRICT. 4. THE DEPUTY SUPERINTENDENT OF POLICE,THRISSUR. 5. THE SUPERINTENDENT OF POLICE, THRISSUR. 6. THE DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM. 7. THE SUPERINTENDENT OF POLICE, CRIME BRANCH, THRISSUR. 8. THE DIRECTOR, CENTRAL BUREAU OF INVESTIGATION, NEW DELHI. 9. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF HOME, THIRUVANANTHAPURAM. R1 TO R7 & R9 BY GOVERNMENT PLEADER MR. AMJAD ALI R8 BY ADV. MR.M.V.S.NAMBOOTHIRY,SC, C.B.I. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M. SASIDHARAN NAMBIAR, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 16585 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 17th day of July, 2009 JUDGMENT Father of deceased Vasanthy filed this petition under Article 226 of the Constitution of India for a writ of mandamus directing respondents 1 to 6 to hand over the entire records relating to the investigation to the Crime Branch or the Central Bureau of Investigation, for investigation. 2. The marriage of Gopalakrishnan Nair with deceased Vasanthy was solemnized on 04.09.1999. After the marriage, Gopalakrishnan Nair constructed a house and the husband and wife shifted to that house in May 2007. On 11.08.08 Gopalakrishnan Nair took Vasanthy first to Al-ameen hospital, Marathamkode in an autorickshaw as she was suffering from heavy fever. On advice she was taken from there to Malankara Church Medical Mission Hospital, Kunnamkulam. While she was undergoing treatment there, as her condition worsened she was taken to West Fort High-Tech Hospital, Thrissur. On 12.08.08 she breathed her last in the hospital. Ext.P1 complaint was submitted before the Superintendent of Police, Thrissur by the petitioner on 15.09.08 suspecting foul play in the WP(C) No.16585/09 -:2:- death of his daughter Vasanthy on an allegation that, Remani, the sister-in-law, is a staff nurse and she had administered an injunction which resulted in the illness and subsequent death. Based on the complaint an enquiry was conducted, though no crime was registered. After enquiry a report was submitted stating that there is no suspicion on the cause of death of Vasanthy. As petitioner was not informed about the result of the enquiry, exercising the right available under the Right to Information Act, petitioner sought information and obtained Exts. P2 and P3 reports and thereafter he preferred Ext.P4 petition before the Director General of Police for a thorough investigation and as it did not yield the desired result, this petition is filed. 3. The 3rd respondent filed a statement stating that an enquiry was conducted and the enquiry revealed that deceased was taken first to Al-ameen hospital, Marathamkode by her husband and his sister and on complaining heavy fever, vomiting and stomach pain and as doctors were not available there, she was taken to Malankara Church Medical Mission Hospital, Kunnamkulam and while undergoing treatment there, her condition worsened and as WP(C) No.16585/09 -:3:- advised, she was taken to West Fort High-Tech Hospital, Thrissur and she breathed her last while undergoing treatment there, on 12.08.08. It is also stated that the enquiry does not reveal any foul play. The argument of the learned counsel appearing for the petitioner is that proper investigation was not conducted and even the doctors were not properly questioned and therefore a proper investigation by either the Crime Branch or the Central Bureau of Investigation is necessary. 4. On hearing the learned counsel it is clear that no case was registered with regard to the death of Vasanthy. Though after the death of Vasanthy on 12.08.08, Ext.P1 complaint was filed on 15.09.08. Even though no FIR was registered, petitioner did not file a private complaint. Later when the result of the enquiry was revealed to the petitioner, based on his petition filed under the Right to Information Act, petitioner did not file a private complaint, instead Ext.P4 petition was filed before the Director General of Police, Thiruvananthapuram and even thereafter the enquiry does not reveal any material to suspect the homicide. It is in these circumstances no case was registered. If petitioner has a case that the death was WP(C) No.16585/09 -:4:- caused due to any act by her husband or the sister-in-law, petitioner is at liberty to file a private complaint before the concerned Magistrate. With that liberty this petition is disposed of. If Magistrate directs an investigation under Section 156(3), and the investigation is not properly done, petitioner will be at liberty to seek appropriate remedy available under law. M. SASIDHARAN NAMBIAR, JUDGE ttb