IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 24TH SEPTEMBER 2010 / 2ND ASWINA 1932 WP(C).No. 17050 of 2010(Q) ---------------------------------------- CRIME NO.368/2009 OF THUMBA POLICE STATION, THIRUVANANTHAPURAM. ............ PETITIONER(S): ------------------------ OMANA. P., W/O.SIVADASAN, SIVADASAVILASAM, KULATHOOR P.O., THIRUVANANTHAPURAM. BY ADV. SRI.M.BALAGOVINDAN, SMT.MINI GANGADHARAN. RESPONDENT(S): -------------------------- 1. DIRECTOR GENERAL OF POLICE, OFFICE OF THE DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM. 2. SUB INSPECTOR OF POLICE, THUMBA POLICE STATION, THUMBA P.O., THIRUVANANTHAPURAM. 3. RASHMI, W/O.MADHU KUMAR, PADINJATTIL VEEDU, KAZHAKOOTAM P.O., THIRUVANANTHAPURAM. R1 & R2 BY GOVT. PLEADER SMT.M.K. PUSHPALATHA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/09/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. =========================== W.P.(C)No.17050 OF 2010 =========================== Dated this the 24th day of September,2010 JUDGMENT Petitioner the mother of deceased Madhu Kumar filed this petition under Article 226 of the Constitution of India for a writ of mandamus directing investigation of Crime 368/2009 of Thumba Police Station by another agency other than local police or in the alternative to direct the Central Bureau of Investigation, to investigate the case. The case of the petitioner in the Writ Petition is that death of Madhu Kumar is not suicide but homicide and his relation with the fourth respondent wife was strained and she was having illicit relationship which was not liked by the deceased Madhu Kumar and on account of this Madhu Kumar was murdered by the wife and no proper investigation is being conducted by the W.P.(C)17050/2010 2 Investigating Officer and as petitioner apprehends that there will not be a proper investigation by the local police, direction was sought for. 2. As instructed, Investigating officer filed a statement which discloses that petitioner filed a private complaint before Judicial First Class Magistrate's Court-II, Thiruvananthapuram alleging that Madhu Kumar was murdered by the fourth respondent and four other persons shown therein. That complaint was sent for investigation under section 156(3) of the Code of Criminal Procedure. Based on the direction, Crime 25/2010 was registered by Thumba Police Station. The statement also reveals that a proper investigation was conducted in Crime 368/2009 of Thumba Police Station registered under section 174 of Code of Criminal Procedure, as the death of Madhu Kumar was suspicious. On the investigation it was found that because of the quarrel with the fourth respondent, he committed suicide by hanging. Fourth respondent had cut the ligature finding the W.P.(C)17050/2010 3 hanging and as a result the deceased had fallen on the ground. Though he was taken to the hospital, before reaching the hospital he breathed his last. The doctor who conducted the autopsy given a statement recorded under section 161 of Code of Criminal Procedure that the antemortem injuries found on the body could be caused due to the fall. It is disclosed that no circumstance could be unearthed warranting registration of a case under section 302 of Indian Penal Code as alleged. The statement also reveals that after completing the investigation in Crime 25/2010, a refer report is being submitted before Judicial First Class Magistrate's Court, Thiruvananthapuram. If petitioner is aggrieved by the refer report, she is at liberty to file a protest complaint. Granting liberty to the petitioner to file a protest complaint, petition is dismissed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006