IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 1ST SEPTEMBER 2008 / 10TH BHADRA 1930 WP(C).No. 3721 of 2007(R) ------------------------- PETITIONER: ------------ 1. SAFIYA, W/O. MUHAMMED HAJI, CHATHANKANDY HOUSE, KANNAMVEETTKAV, MALAPPURAM DISTRICT. 2. SAITHALAVI, S/O. BICHAHAMMED, CHATHANKANDY HOUSE, ATHIYOLI, PULICKAL P.O., ERANAD TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.K.P.MUJEEB RESPONDENTS: ------------- 1. DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM. 2. SUPERINTENDENT OF POLICE, MALAPPURAM. 3. CIRCLE INSPECTOR OF POLICE, KONDOTTY, MALAPPURAM DISTRICT. BY GOVERNMENT PLEADER SRI.AMJAD ALI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT, J ---------------------- W.P.C.No.3721 of 2007 ---------------------------------------- Dated this the 1st day of September 2008 JUDGMENT Crime No.363/2006 of Kondotty police station was registered under Section 174 Cr.P.C. That crime relates to the unnatural death of the child of the first petitioner, who is the sister-in-law of the second petitioner. In the course of investigation into that crime, allegation under Section 304A I.P.C was incorporated and investigation continued. The petitioners came to this court with a grievance that a proper investigation is not being conducted and concluded in that crime. 2. It is now reported to this court that final report dated 31/10/2007 has already been filed. It is a negative final report. The investigating officer has not reported to the Magistrate that any offence has been committed in respect of the death of the child of the first petitioner. 3. The negative final report having already been filed, it is certainly for the petitioners to approach the learned W.P.C.No.3721/07 2 Magistrate and raise their objections, if any. Needless to say, such objections must be considered by the learned Magistrate before considering whether such negative final report deserves to be accepted or not. According to the petitioners, no notice of such final report has been issued to them by the police or by the Magistrate court. The petitioners have the option to wait for such notice or having come to know of such negative final report dated 31/10/2007, they can appear before the learned Magistrate and choose to make their objections. 4. With the observation that the petitioners shall be entitled in accordance with law to raise their objections against the final report dated 31/10/2007, this writ petition is dismissed. (R.BASANT, JUDGE) jsr W.P.C.No.3721/07 3 The short grievance of the petitioner is that though a complaint was filed before the police alleging gross medical negligence which led to the death of the child of the first petitioner, no proper action has been taken by the police on such complaint. The complaint was lodged by the second petitioner, the brother-in-law of the first petitioner. Though specific allegation of medical negligence was raised, the police, for obscure reasons, had registered the F.I.R under Section 174 Cr.P.C. No proper further steps have been taken after registration of the F.I.R also. This, in short, is the grievance raised. 2. Heard. Admitted. Notice given. The learned Public Prosecutor appears for the respondents. The learned Public Prosecutor shall take instructions and get a statement filed by the respondents of all the steps taken in connection with the F.I.R registered. Such statement shall be filed within a period of one month with copy to the learned counsel for the petitioner. Call on 12/03/2007. W.P.C.No.3721/07 4 (R.BASANT, JUDGE) jsr W.P.C.No.3721/07 5 R.BASANT, J C.R.R.P.No. ORDER 21ST DAY OF JULY 2006