IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 3RD JULY 2009 / 12TH ASHADHA 1931 WP(C).No. 33181 of 2008(A) ---------------------------------------- (CRIME NO.377/2005 OF KILLIKOLLOOR POLICE STATION) PETITIONER(S): ------------------------- YOHANNAN JOHNSON, S/O. YOHANNAN, AGED 48 YEARS, SOORAJ DALE, NEAR KANDACHIRA CHEEP, MANGAD P.O.,KOLLAM -15. BY ADV. MR.R.SATISH KUMAR RESPONDENT(S): --------------------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY, HOME DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM. 2. THE SUB INSEPCTOR OF POLICE, KILIKOLLOOR POLICE STATION, KILIKOLLOOR. 3. THE SUPERINTENDENT OF POLICE CRIME BRANCH, KOLLAM. R1 TO R3 BY PUBLIC PROSECUTOR MR. AMJAD ALI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.33181/2008 A APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF FIR IN CRIME NO.377/2005 OF KILLIKOLLOOR POLICE STATION. P2: COPY OF THE POST MORTEM REPORT. P3: COPY OF THE FINAL REPORT DTD. 28/02/2006. P4: COPY OF THE LETTER SENT BY THE HOME DEPARTMENT. P5: COPY OF THE LETTER SENT BY THE HOME DEPARTMENT. P6: PHOTOGRAPHS SHOWING THE LOCATION. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss M.SASIDHARAN NAMBIAR,J. =========================== W.P.(C).No.33181 OF 2008 =========================== Dated this the 3rd day of July,2009 JUDGMENT Petitioner is the father of the deceased Dennis who died on suspicious circumstance on 21.9.2005. According to petitioner on that day between 4 p.m and 4.30 p.m his deceased son along with his friends had gone outside and after 6.20 p.m, his wife reported that Dennis has not returned and was missing. Inspite of thorough search made by the neighbours as well as police he could not be found . On the morning of the next day, the deadbody of the boy was found lying under the bridge of the Chira in a blocked position in the pillar of the bridge and the cycle was found in the water about 100 ft. away from the bridge. Police registered a case under the caption unnatural death under section 174 of Code of Criminal Procedure under Ext.P1 F.I.R 377/2005 on 22.9.2005. According to the petitioner, police has not properly investigated the case and Ext.P3 final report was filed before the Sub Divisional Magistrate that it is a case of accidental death due to drowning. According to the petitioner, W.P.(C) 33181/2008 2 it is not a case of accidental death but a homicide. Petitioner would contend that he bona fide believes that the child was murdered by Aji Alphonse and one Sudarsanan Pilla. The police has not properly inivestigated the case. This petition is filed under Article 226 of Constitution of India for a writ of mandamus or an appropriate direction to conduct reinvestigation of Crime 377/2005 of Killikolloor police station. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. Ext.P2 postmortem certificate shows that on autopsy, the Senior Lecturer of Department of Forensic Medicine, Thiruvananthapuram reported that postmortem findings are consistent with death due to drowning. Ext.P2 final report submitted before the Sub Divisional Officer by the Sub Inspector of Police shows that investigation conducted under section 176 point out that this is a case of accidental death and not homicide. The question is whether in such circumstance, a further investigation is warranted, as in any case there cannot be a reinvestigation. 4. If the petitioner is aggrieved by the findings in Ext.P2 final report petitioner is at liberty to file a private complaint before the concerned Magistrate. The W.P.(C) 33181/2008 3 Magistrate is competent to conduct an inquiry either by himself or direct an investigation under section 156(3) of Code of Criminal Procedure. The fact that an inquiry as provided under section 174 of Code of Criminal Procedure was conducted, which was terminated by submitting Ext.P3 report will not disentitle the Magistrate from directing an investigation of the case under section 156(3) and on such direction an investigation is to be conducted. Petition is disposed of accordingly. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006