IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 24TH AUGUST 2009 / 2ND BHADRA 1931 WP(C).No. 23940 of 2008(Y) ------------------------------------ PETITIONER(S): ----------------------- G.METELDA, W/O.ROBINSON, AGED 32 YEARS, VIPIN HOUSE PALLIMUKKU, VEMBAYAM, TRIVANDRUM. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR RESPONDENT(S): ------------------------ 1. STATE OF KERALA REP. BY SECRETARY HOME DEPARTMENT, SECRETARIATE TRIVANDRUM. 2. THE DIRECTOR GENERAL OF POLICE TRIVANDRUM. 3. THE STATION HOUSE OFFICER NEDUMANGAD POLICE STATION,TRIVANDRUM. PUBLIC PROSECUTOR SRI.S.U.NAZAR FOR R1 TO R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= W.P.(C) No. 23940 of 2008 Y =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 24th day of August, 2009 JUDGMENT This writ petition is filed under Article 227of the Constitution of India for a writ of mandamous directing respondents 1and 2 to entrust the investigation of Crime No.869 of 2007 of Nedumangad Police Station to the Crime Branch wing of State police. 2. Petitioner is the wife of late Robinson who died under mysterious circumstances on 8-12-2007, while riding motor cycle KL-21A/894. Due to the injuries sustained in the accident, he was taken to Medical College Hospital, Thiruvananthapuram and from there, he succumbed. Crime No.869 of 2009 of Nedumangad Police Station was registered under the caption “motor occurrence”. According to petitioner, there was a money dispute between one Jose, S/o. Raju and the deceased and on the night of 8- 12-2007 at about 9 P.M. Sri.Jose had telephoned to the residence of the petitioner and it is thereafter her husband went outside in the motor cycle and did not return thereafter. It is the case of petitioner that Robinson was murdered by the said Jose with the help of Para Unni and Aju. Contending that there is no proper investigation, this petition is filed. W.P.(C) No. 23940/08 2 3. Sub Inspector of Police, Nedumangad Police Station who investigated the case filed a statement showing the progress of the investigation. The statement shows that on 9-12-2007 inquest was conducted at the Medical College Hospital and thereafter postmortem examination was also conducted at the Medical College Hospital and the postmortem certificate disclosed that he sustained injuries on the left and right eyebrow and on the right eyelid and there was bleeding from the nose and ear, apart from abrasion of neck, and injury above the right wrist and abrasion over the left palm and contusions on the inner aspect of right thigh. The statement shows that the motor cycle used by the deceased was found at a distance of 25 metres from the scene of occurrence and some bloodstained rock piece and sand were collected from the scene and send for chemical examination and statements were recorded from several persons. On examination of the motor cycle by the Motor Vehicle Inspector, no mechanical defect was noticed. The investigation revealed that it was an accident by 8.45 P.M. on the night of 8-12-2007, while the deceased was riding the motor cycle along Pallimukku-Irrinchayam road. The statement recorded from the doctor who conducted the autopsy revealed that brain of the deceased showed a thick sub arachnoid's bleeding on the under aspect extending downward to spinal cord and the bleeding was dark red in colour W.P.(C) No. 23940/08 3 suggestive of an origin prior to the accident and a person with such a phenomenon while driving through a dilapidated road could develop edema, which may result in loss of control and if that be so, it is likely that during the fall he sustained injuries. It is reported that the investigation does not suggest any homicide. 4. Learned counsel appearing for the petitioner and learned Public Prosecutor are heard. 5. Though learned counsel appearing for the petitioner submitted that there is no proper investigation, I find no reason to accept the submissions. Learned Public Prosecutor submitted that after completing the investigation, sanction is obtained from the superior officer to file a final report and the final report will be filed without delay. If the petitioner is aggrieved by the final report, she is entitled to file a private complaint. This writ petition is dismissed without prejudice to file a private complaint, if she is so advised. M.SASIDHARAN NAMBIAR, JUDGE. mn.