IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 30TH JUNE 2011 / 9TH ASHADHA 1933 Crl.MC.No. 1503 of 2011() -------------------------------------- (CR.NO.237/2010 OF KELAKAM POLICE STATION) ... PETITIONER(S): DEFACTO COMPLAINANT: ---------------------------------------------------------------- P.T.AUGUSTY, PAIMPALLIKKUNNEL, PALCHURAM, AMBAYATHOSU, KANNUR. BY ADVS. SRI.SUNIL NAIR PALAKKAT, SRI.ABHILASH.K.N., SMT. LEELA.R. RESPONDENT(S): RESPONDENT/STATE & DEFACTO COMPLAINANT: ------------------------------------------------------------------------------------------------------ 1. THE CIRCLE INSPECTOR OF POLICE, PERAVOOR CIRCLE, PERAVOOR, KANNUR-670 701. 2. THE SUB INSPECTOR OF POLICE, KELAKAM POLICE STATION, KANNUR-670 532. 3. P.T.ABRAHAM, MAYOOR VIHAR, FASE-III, NO.2E, B6, NEW DELHI-600 001. 4. REETHA,W/O.P.T.ABRAHAM, MAYOOR VIHAR, FASE-III, NO.2E, B6, NEW DELHI-600 001. R1 & R2 BY PUBLIC PROSECUTOR SRI. B.JAYASURYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss CRMC.NO.1503/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEX.A1: CERTIFIED COPY OF THE FIR NO.237/2010 OF THE KELAKAM POLICE STATION DTD. 23/06/10. ANNEX.A2: CERTIFIED COPY OF THE FINAL REPORT IN FIR NO.237/2010 OF THE KELAKAM POLICE STATION DTD. 28/10/10. RESPONDENT'S ANNEXURES: N I L /TRUE COPY/ P.A.TO JUDGE Kss THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.1503 of 2011 --------------------------------------- Dated this 30th day of June, 2011 ORDER Petitioner is the de facto complainant in Crime No.237 of 2010 of Kelakam Police Station registered under Sec.174 of the Code of Criminal Procedure (for short, "the Code”). Petitioner's daughter, Danitt had been to Delhi with the third respondent, brother of petitioner on 07.06.2010 and fourth respondent, wife of the third respondent. While so, fourth respondent informed petitioner on 21.06.2010 that Danitt committed suicide. The body was subjected to Autopsy at Delhi. After the body was brought to the house of petitioner it subjected to a re- postmortem examination at Pariyaram Medical College. Kelakam police registered Crime No.237 of 2010 as above stated. The police conducted an inquiry as contemplated under Sec.174 of the Code, found that it is a case of suicide due to failed love affair and filed a report to that effect to the Sub Divisional Magistrate, Thalassery. Petitioner is aggrieved and has filed this criminal miscellaneous case with request to quash Annexure-A2, final report dated 28.10.2010 and direct the first respondent to transmit all records of the inquiry to the New Asok Nagar Police Crl.M.C.No.1503 of 2011 -: 2 :- Station, New Delhi immediately. Learned counsel has submitted that since death occurred at Delhi, the police at Delhi ought to have investigated the case instead of Kerala police conducting an inquiry under Sec.174 of the Code. Learned Public Prosecutor submitted that the Kerala police in the course of inquiry had questioned witnesses at Delhi as well. 2. What is contemplated under Sec.174 of the Code is only an inquiry and not an investigation. The inquiry conducted by Kelakam police has resulted in a final report as above stated. That does not prevent the right, if any of petitioner to file a complaint before the police having jurisdiction over the area where the alleged incident occurred or before the jurisdictional Magistrate and seeking appropriate relief. It is for such authority to request the Sub Divisional Magistrate, Thalassery to transmit records of the inquiry conducted by the Kelakam police and submit before the Sub Divisional Magistrate. With the above observation this criminal miscellaneous case is closed. (THOMAS P JOSEPH, JUDGE) Sbna/-