IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 10TH JANUARY 2008 / 20TH POUSHA 1929 WP(C).No. 19865 of 2007(M) ----------------------------------------------- PETITIONER: -------------------- A.S.RAJAN, ATTEPADATH HOUSE, KARALAM P.O., TRISSUR DISTRICT. BY ADV. SRI.RAJESH CHAKYAT RESPONDENTS: -------------------------- 1. THE MINISTRY OF HOME AFFAIRS, REP. BY ITS SECRETARY. 2. SUB DIVISIONAL MAGISTRATE, THRISSUR. 3. THE DISTRICT POLICE SUPERINTENDENT, THRISSUR. 4. THE CIRCLE INSPECTOR OF POLICE, CHERPU, THRISSUR DISTRICT. 5. THE SUB INSPECTOR OF POLICE, NEDUMBUZHA. 6. THE DEPUTY SUPERINTENDENT, C.B.C.I.D., THRISSUR. BY GOVERNMENT PLEADER SRI.K.S.SIVAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.RAMKUMAR, J = = = = = = = = = = = = = W.P.(C). No.19865 Of 2007 = = = = = = = = = = = = = = Dated this the 10th day of January, 2008 JUDGMENT The petitioner is the father of one Reshmi who had eloped with an auto rickshaw driver by name Prakashan with whom she was in love. That incident took place in the year 1993. The elpoed spouses were blessed with a boy child. On 20.10.07, the said Reshmi committed suicide by hanging in her marital home. The petitioner would alleged that it was a clear case of murder by her husband. The Nedumpuzha Police registered Crime No.266/2001 under the caption 'unnatural offence' and forwarded Ext.P3 FIR to the Sub Divisional Magistrate, Thrissur. After investigation, the Police filed a final report on 29.11.07 before the Sub Divisional Magistrate concluding that it was a case of suicide. From the investigation conducted the following conclusions were reached: The petitioner and his wife, Sreedevi are teachers. Their daughter Reshmi was in love with an auto rickshaw driver by name Prakashan. Their love affair was resented by the petitioner and his wife and they were opposed to Reshmi getting married with Prakashan. Disregarding the family's objection, Reshmi eloped with Prakashan and got married by registering their marriage from the Sub W.P.C.No.19865 of 2007 2 Registrar Office, Perumbillissery. This conduct of Reshmi had shattered the dreams of her parents who started repudiating her as their daughter. The attitude of the petitioner towards his daughter Reshmi was so unrelenting that the petitioner even executed a testimonial instrument disinheriting Reshmi and giving all his properties to his son Shyam. A boy was born in the wedlock of Reshmi and Prakashan. Reshmi was yearning to meet her parents and hopeful of having a reconciliation. But the petitioner would not budge an inch. One day Reshmi, who was feeling lonely and isolated, went along with her unwilling husband and child to her parental home. But the petitioner and his wife did not allow her to enter the doors of their house. Reshmi returned heart broken. When she felt that the realities of life were bitter she had to struggle for making the both ends meet. She had secured a job in a hardware shop but that was only short lived. She then attempted through her husband to get some financial assistance which was also in vain. On 20.10.01 a co-worker of Reshmi was getting married. She requested her husband to bring some jasmine flowers. Her husband not only did not bring the jasmine flowers but also came late. Unable to endure the desperate life, Reshmi committed suicide by hanging after closing the doors of her W.P.C.No.19865 of 2007 3 bed room. This in short is the the conclusion reached by the local Police. 2. Now a report has been filed on 29.11.07 to the effect that it was a case of suicide. The remedy of the petitioner is either to seek a further investigation under Section 173(8) Cr.P.C or to file a protest complaint before the learned Magistrate concerned. Hence leaving the petitioner to the said remedy this writ petition is disposed of . (V.RAMKUMAR, JUDGE) sj