IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 16TH JULY 2008 / 25TH ASHADHA 1930 WP(Crl).No. 6680 of 2007(T) ---------------------------------------- PETITIONERS: ---------------------- 1. M.L. GEORGE, MALIYECKAL HOUSE, KOODARANJO P.O., KOZHIKODE. 2. SINI .P.R., D/O.RAGHAVAN, KALLAMPALLIL, NR CITY P.O., KANAKAMPUZHA, RAJAKKAD. BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA) RESPONDENTS: ------------------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY TO GOVERNMENT, TRIVANDRUM. 2. THE SECRETARY DEPARTMENT OF HOME AFFAIRS, SECRETARIAT, TRIVANDRUM. 3. THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, TRIVANDRUM. 4. THE DEPUTY SUPERINTENDENT OF POLICE, MUNNAR, IDUKKI DISTRICT. BY GOVERNMENT PLEADER SRI. GIKKU JACOB - R1 TO 4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.6680/2007 T APPENDIX PETITIONER'S EXHIBITS: EXT.P1; COPY OF THE FIR. EXT.P1(A): COPY OF THE FI STATEMENT. EXT.P2: COPY OF THE INQUEST REPORT OF THE DEAD BODY OF SATHI DTD. 17/09/90. EXT.P3: COPY OF THE POSSTMORTEM REPORT DTD. 18/09/90. EXT.P4: COPY OF THE CERTIFICATE DTD. 16/10/1990. EXT.P5: COPY OF THE COMPLAINT DTD. 30/09/96 FILED IN UNCLE OF THE SECOND PETITIONER VIJAYAN. EXT.P6: COPY OF THE PETITION DTD. 6/04/05 FILED BY THE FIRST PETITIONER BEFORE THE 3RD RESPONDENT. EXT.P7: COPY OF THE LETTER DTD. 29/09/05 BY THE FIRST PETITIONER TO 4TH RESPONDENT. EXT.P8: COPY OF THE COMPLAINT FILED BY THE FIRST PETITIONER DTD. 25/10/2005. EXT.P9: COPY OF THE LETTER DTD. 2/03/06 BY THE FIRST PETITIONER. EXT.P10: COPY OF THE LETTER DTD. 16/11/06 BY THE FIRST PETITIONER. EXT.P11: COPY OF THE DEPOSITION OF DR.A.K.JOSEPH IN O.S.82/1993 OF SUB COURT, KATTAPPANA. EXT.P12: COPY OF THE CERTIFICATE ISSUED BY JANATHA HOSPITAL. EXT.P12(A): COPY OF THE CERTIFICATE ISSUED BY JANATHA HOSPITAL. EXT.P13: COPY OF THE PAPER REPORT IN MALAYALA MANORAMA DAILY DTD. 8/03/1991. EXT.P14: COPY OF THE SEARCH LIST IN C.C.NO.84/96 OF JFCM,ADIMALY. EXT.P15: COPY OF THE LEASE DEED DTD. 1/11/95. EXT.P16: COPY OF THE AFFIDAVIT AND PETITION FILED IN O.S.NO.82/93 OF SUB COURT, KATTAPPANA. /TRUE COPY/ P.A.TO JUDGE Kss R.BASANT, J ------------------------------------ W.P(C) No.6680 of 2007 ------------------------------------- Dated this the 16th day of July, 2008 ORDER Petitioners complain about inadequate investigation in Crime No.101 of 1990 of Rajakkad Police Station. That crime relates to the unnatural death of one Sathi, mother of the 2nd petitioner. The 1st petitioner claims to be a social worker who has taken active interest to ensure such proper investigation of this case. The crux of the allegations is that the said deceased Sathi expired on 17.09.1990 while she was undergoing treatment at the Janatha hospital at Rajakkad. Investigation has been dragging on for the past about 18 years. But the final report has not been filed yet. 2. Statements have been filed by the respondents. The learned Government Pleader now submits that the investigation is almost complete and given reasonable further time, the investigators shall now file final report in the matter. A copy of the final report shall be furnished to the 2nd petitioner herein whereupon the 2nd petitioner, if she is aggrieved by such final report, shall have all the avenues of challenge open to her. W.P(C) No.6680 of 2007 2 3. I am satisfied, in these circumstances, that this Writ Petition can be dismissed with appropriate observations accepting the submissions of the learned Government Pleader. 4. This Writ Petition is, in these circumstances, dismissed with the direction that the Investigating Officer shall complete the investigation within a period of 45 days from this date and shall file final report in Crime No.101 of 1990 of Rajakkad Police Station. A copy of such final report shall be furnished to the 2nd petitioner and it shall be open to the 2nd petitioner, if the 2nd petitioner feels aggrieved by the final report, to challenge the said final report in accordance with law before appropriate authorities. (R.BASANT, JUDGE) rtr/- W.P(C) No.6680 of 2007 3 R.BASANT, J ------------------------------------ Crl.M.C.No.6680 of 2007 ------------------------------------- Dated this the 28th day of February, 2007 ORDER The grievance of the petitioners is that no final report has been W.P(C) No.6680 of 2007 4 filed in Crime No.101 of 1990 of Rajakkad Police Station. The Writ Petition is admitted. The learned Government Pleader takes notice on behalf of respondents 1 to 4. The learned G.P shall take instructions and report to the Court the stage of investigation in Ext.P1 crime. 2. Call on 19.03.2007. (R.BASANT, JUDGE) rtr/- W.P(C) No.6680 of 2007 5