IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 22ND FEBRUARY 2008 / 3RD PHALGUNA 1929 WP(C).No. 2950 of 2008(A) ------------------------- PETITIONER: ------------ MOOTHATTIL SREEDHARAN, S/O.KUNHIRAMAN, MOODADI VILLAGE, VELLARAKKAD DESOM, P.O.MOODADI NORTH, KOYILANDY TALUK. BY ADV. SRI.CIBI THOMAS RESPONDENTS: ------------- 1. THAYYULLATHIL KELAPPAN, NARAYANI BHAVAN, THRIKOTTUR AMSOM, PALOOR DESOM, KOYILANDY TALUK. 2. THAYYULLATHIL VIJAYAN, S/O.KELAPPAN, NARAYANI BHAVAN, THRIKOTTUR AMSOM, PALOOR DESOM, KOYILANDY TALUK. 3. THAYYULLATHIL BINDU, W/O.VIJAYAN, NARAYANI BHAVAN, THRIKOTTU AMSOM, PALOOR DESOM, KOYILANDY TALUK. 4. C.I. OF POLICE, PAYYOLI POLICE STATION, PAYYOLI. 5. DEPUTY SUPERINTENDENT OF POLICE, KOZHIKODE RURAL, VADAKARA. 6. THE SUPERINTENDENT OF POLICE, CBCID, KOZHIKODE. 7. STATE OF KERALA, REP. BY THE SECRETARY, DEPARTMENT OF HOME AFFAIRS, TRIVANDRUM. BY GOVERNMENT PLEADER, SRI GIKKU JACOB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT, J. ---------------------------------------- W.P.C.No. 2950 of 2008-A ---------------------------------------- Dated this the 22nd day of February 2008 J U D G M E N T The petitioner is the brother of a deceased woman. The said woman was the second wife of the first respondent. The second respondent is the son of the first respondent and the third respondent is the wife of the second respondent. The body of the deceased woman was found in a well near the residential house occupied by her along with the first respondent. The F.I.R was registered under the caption 'unnatural death' under Section 174 Cr.P.C. Enquiry/investigation was conducted into that F.I.R by the police. 2. According to the petitioner, it was not merely a case of unnatural death but, it was a case of deliberate murder of the deceased by respondents 1 to 3. The petitioner, therefore, was not satisfied with the registration of the crime under Section 174 Cr.P.C. He filed a private complaint as Ext.P3 before the learned Magistrate. The learned Magistrate by Ext.P6 order directed that proceedings shall stand stayed under Section 210 Cr.P.C. Therefore, Ext.P3 private complaint was not taken up for W.P.(C) No.2950/2008-A 2 consideration. The Investigator has already completed the investigation into that crime registered under Section 174 Cr.P.C. He has come to the conclusion that it is a case of accidental death. Petitioner does not accept the said conclusion. Petitioner wants his complaint to be taken up for consideration by the learned Magistrate. The learned Magistrate is not doing the same. He has hence come to this Court for issue of directions to the learned Magistrate. That is the final prayer made before me at the stage of arguments. 3. The investigation into the crime relating to the unnatural death is already over. The final report has already been filed in the crime registered by the Investigator. There is nothing to show whether the final report has been accepted or not. Be that as it may, the petitioner is certainly entitled for an opportunity to advance his contentions on Ext.P3. It is for the learned Magistrate now to take up Ext.P3. 4. I am in these circumstances satisfied that there need only be a direction to the learned Magistrate to consider Ext.P3 complaint in accordance with law, as expeditiously as possible, along with all other prayers raised in petitions which are filed W.P.(C) No.2950/2008-A 3 along with Ext.P3. The above direction is issued to the learned Magistrate. 5. This writ petition is allowed to the above extent. (R.BASANT, JUDGE) ms