Sumangala K.P vs The District Police Chief
2022 Latest Caselaw 6616 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR. JUSTICE T.R.RAVI
     THURSDAY, THE 9TH DAY OF JUNE 2022 / 19TH JYAISHTA, 1944
                       WP(C) NO. 28553 OF 2020


PETITIONER:

          SUMANGALA K.P.
          AGED 63 YEARS, W/O VELAYUDHAN,
          THUSHARAM, THAVAKARA NEW BUS STAND,
          KANNUR-17.

          BY ADVS.
          ABDUL RAOOF PALLIPATH
          SRI.K.R.AVINASH (KUNNATH)



RESPONDENTS:

    1     THE DISTRICT POLICE CHIEF,
          KANNUR-670 002.

    2     THE DIRECTOR GENERAL OF POLICE,
          POLICE HEADQUARTERS, THIRUVANANTHAPURAM-695 010.

    3     THE STATE OF KERALA,
          REPRESENTED BY ITS SECRETARY, HOME DEPARTMENT,
          GOVERNMENT SECRETARIAT, TRIVANDRUM-695 001.

    4     THE CIRCLE INSPECTOR OF POLICE,
          PERAMANGALAM, THRISSUR.

    5     THE SUB INSPECTOR OF POLICE,
          VIYYUR POLICE STATION, THRISSUR-680 010.


          SMT. C. S. SHEEJA, SR.GOVT. PLEADER


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 28553 OF 2020
                                    2



                             T.R. RAVI, J.
              --------------------------------------------
                     W. P. (C). No. 28553 of 2020
               --------------------------------------------
                 Dated this the 9th day of June, 2022

                              JUDGMENT

The grievance of the petitioner is that a proper investigation was

not conducted into the unnatural death of her daughter whose body

was found on a railway track. On the basis of the directions issued by

this Court on 05.01.2022, a statement of facts submitted by the

Station House Officer, Peramangalam Police Station has been placed on

record along with a memo. The statement of facts details the

investigation conducted into the incident and ultimately it concludes

stating that it is an accidental death which could have occurred due to

the deceased falling from the moving train due to the jerking of the

train or the deceased might have slipped into the track. Since there is

no other material available to suggest any other reason for the death,

this Court will not be justified in ordering an enquiry by constituting a

Special Investigation Team as prayed for.

Recording the statement submitted by the Station House Officer,

Peramangalam, this writ petition is closed.

Sd/-

T.R. RAVI JUDGE Pn WP(C) NO. 28553 OF 2020

APPENDIX OF WP(C) 28553/2020

PETITIONER'S EXHIBITS

EXHIBIT P1 TRUE COPY OF THE FIR IN CRIME NO 64/2018 OF VIYYUR POLICE STATION DATED 23.1.2018

EXHIBIT P2 TRUE COPY OF THE OFFICE LETTER NO D1/5199/2018/RC DATED 25.1.18 OF THE DISTRICT POLICE CHIEF, THRISSUR CITY

EXHIBIT P3 TRUE COPY OF THE POSTMORTEM CERTIFICATE OF THUSHARA DATED 23.1.2018

EXHIBIT P4 TRUE COPY OF THE OP 256/14 BEFORE THE FAMILY COURT, PATHANAMTHITTA

EXHIBIT P5 TRUE COPY OF THE FINAL REPORT IN CRIME NO 64/2018 DATED 22.7.2018 FILED BY THE 4TH RESPONDENT

EXHIBIT P6 TRUE COPY OF THE REFERRAL REPORT OF THE 4TH RESPONDENT

EXHIBIT P7 TRUE COPY OF THE REPLY GIVEN BY THE 5TH RESPONDENT UNDER RTI ACT DATED 19.2.2020

EXHIBIT P8 TRUE COPY OF THE REPRESENTATION DATED 15.11.2020 MADE BY THE PETITIONER BEFORE THE RESPONDENTS 1 TO 3.