Meera M vs The State Of Kerala
2021 Latest Caselaw 12224 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE MR. JUSTICE K.HARIPAL

     FRIDAY, THE 23RD DAY OF APRIL 2021 / 3RD VAISAKHA, 1943

                      WP(C).No.10259 OF 2021(F)

PETITIONER:
               MEERA M.,
               AGED 27 YEARS
               W/O IVIN VIJAYAN,
               SREEVILASM,
               EDAMAD KOIPPADU CHERI,
               MEENADU VILLAGE,
               CHATHANNOOR P.O,
               KOLLAM DISTRICT-691572.

               BY ADVS.
               SRI.R.RAJESH (VARKALA)
               SRI.M.KIRANLAL
               SRI.T.S.SARATH
               SRI.MANU RAMACHANDRAN
               SHRI.SAMEER M NAIR

RESPONDENTS:

      1        THE STATE OF KERALA,
               THROUGH SECRETARY OF HOME AFFAIRS,
               HOME DEPARTMENT, SECRETARIAT,
               THIRUVANANTHAPURAM-695001.

      2        STATE POLICE CHIEF
               STATE OF KERALA,
               POLICE HEAD QUARTERS,
               VAZHUTHACAUD,
               THIRUVANANTHAPURAM-695010.

      3        THE COMMISSIONER OF POLICE
               KOLLAM CITY POLICE,
               KOLLAM-691001.

      4        THE STATION HOUSE OFFICER
               CHATHANNOOR POLICE STATION,
               KOLLAM DISTRICT-691572.

      5        THE SUB INSPECTOR OF POLICE
               CHATHANNOOR POLICE STATION,
               KOLLAM-691572.

               BY SRI. SANTHOSH PETER, SENIOR PUBLIC PROSECUTOR

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.10259 OF 2021(F)              2




                                    JUDGMENT

This writ petition is filed under Article 226 of the Constitution

of India seeking the following relief:-

"1) To issue a writ of mandamus, or any appropriate writ or direction directing the respondents that the investigation in the Ext.P1 FIR be handed over to a Crime branch of Kerala Police or a responsible superior officer of the fourth and fifth respondents with a direction to investigate the case in the proper manner."

2. The petitioner is the wife of the deceased, who died in

suspicious circumstances, according to the petitioner. She has

pointed out various incongruities and inconsistencies in the Ext.P4

postmortem report and Ext.P5 final report filed before the Sub

Divisional Magistrate, Kollam.

3. I heard the learned counsel for the petitioner and also

the learned Public Prosecutor.

4. The final report has been laid as though it was a motor

accident, the petitioner's husband had died in the impact of the

accident. But the Ext.P4 postmortem report shows that the death

was due to drowning. The body of the deceased was found in a

river. The learned counsel for the petitioner pointed out that the

distance between the place of the alleged motor accident and the

place from where the body was found is 150 metres. So according

to the learned counsel, in all probability after the alleged accident,

the body would not have reached the river, 150 metres away.

5. It is also pointed that immediately after the motor

accident hitting the car against a wall, driven by the petitioner's

husband, the husband had contacted the wife/the petitioner and

intimated about the accident. So the petitioner suspects foul play in

the death of the deceased. In order to unravel the mystery and to

bring to book the miscreants, she seeks a detailed investigation by

an appropriate agency at the appropriate level. She has filed Ext.P6

representation before the District Police Chief, but she has not

received any response.

6. After having heard learned counsel on both sides, I feel

that the matter needs to be considered in all seriousness and a

detailed investigation is warranted. Therefore, the second

respondent, the State Police Chief is directed to constitute a Special

Investigation Team headed by a Senior Police Officer of good track

record at the level of Superintendent of Police, for investigating the

case.

With the above direction, the writ petition is disposed of.

SD/-

K.HARIPAL

JUDGE

DCS/23.04.2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 THE TRUE COPY OF THE FIR IN CRIME NO.1522/2020 OF CHATHANNOOR POLICE STATION, KOLLAM DISTRICT.

EXHIBIT P2 THE TRUE COPY OF THE FIR IN CRIME NO.1523/2020 OF CHATHANNOOR POLICE STATION.

EXHIBIT P3 THE TRUE COPY OF THE COMPLAINT FILED BEFORE THE 4TH RESPONDENT DATED 25.08.2020.

EXHIBIT P4 THE TRUE COPY OF THE POST MORTEM REPORT DATED 21.08.2020.

EXHIBIT P5 A TRUE COPY OF THE FINAL REPORT IN CRIME NO.1522 OF 2020 OF CHATHANNOOR POLICE STATION BEFORE THE SUB DIVISIONAL MAGISTRATE'S COURT, KOLLAM.

EXHIBIT P6 THE TRUE COPY OF THE COMPLAINT FILED BEFORE THE 3RD RESPONDENT ON 20.03.2021.

EXHIBIT P7 A TRUE COPY OF THE STATEMENT OF THE PETITIONER BEFORE THE 3RD RESPONDENT.