Pramod K vs Director General Of Police
2023 Latest Caselaw 11772 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR. JUSTICE GOPINATH P.
   THURSDAY, THE 16TH DAY OF NOVEMBER 2023 / 25TH KARTHIKA, 1945
                       WP(CRL.) NO. 802 OF 2023
PETITIONER:

          PRAMOD K,
          AGED 48 YEARS,
          S/O.KRISHNAN, CHARUVILA PUTHEN VEEDU, NEAR KOLIYOOR
          NETTARATHALA TEMPLE MUTTAKKAD P.O.,
          THIRUVANANTHAPURAM - 695 523.

          BY ADVS.
          PIRAPPANCODE V.S.SUDHIR
          AKASH S.
          GIRISH KUMAR M S
          DEVIKA JAYARAJ



RESPONDENTS:

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

    2     SUPERINTENDENT OF POLICE,
          THIRUVANANTHAPURAM RURAL, VIKAS BHAVAN,
          THIRUVANANTHAPURAM - 695 033.

    3     SUB INSPECTOR OF POLICE,
          KADINAMKULAM POLICE STATION,
          THIRUVANANTHAPURAM - 695 303.

    4     ADDITIONAL DIRECTOR GENERAL OF POLICE,
          (CRIME BRANCH), THIRUVANANTHAPURAM CITY,
          THIRUVANANTHAPURAM - 695 001.

          SRI.VIPIN NARAYAN (SR.PP)


     THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
16.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(CRL.) NO. 802 OF 2023
                                         2

                                  JUDGMENT

The petitioner has approached this Court inter-alia seeking the

following relief:-

"Issue a writ of mandamus or any other

appropriate writ, order or direction commanding the

respondents 1 and 4 to hand over the investigation, relating

to the death of the daughter of the petitioner and her child

on 17.05.2023, in her residential house, within the

jurisdiction of Kadinamkulam Police Station, to the Crime

Branch."

2. The daughter of the petitioner got married to one Sanju

Joseph on 17.11.2021 and a male child was born out of the wedlock

between the daughter of the petitioner and the aforesaid Sanju Joseph.

According to the petitioner, the daughter of the petitioner used

frequently complain about mental and physical torture meted out to

her by her husband demanding money and ornaments etc. According

to the petitioner, the aforesaid Sanju Joseph was also having an extra

marital affair. It is stated that the life of the daughter of the petitioner

was miserable. According to the petitioner, he had telephoned his

daughter in the afternoon of 16.05.2023, however her husband picked WP(CRL.) NO. 802 OF 2023

up the phone and refused to hand over the phone to the daughter of the

petitioner stating that the daughter of the petitioner and the child were

sleeping. The petitioner states that about 07.30 PM on the same day,

the petitioner received a telephone call from the Ward Member of the

place where the daughter of the petitioner was staying and thereafter,

the petitioner came to know that his daughter and her child had died on

account of burn injuries. It is stated that while the daughter of the

petitioner lost her life on 16.05.2023 itself, the child died on the next

day while under treatment in the hospital.

3. The learned counsel for the petitioner submits that though

the petitioner has reasons to believe that the death of the daughter of

the petitioner and her child is not a case of suicide, apart from

registering an FIR under Section 174 of the Cr.P.C at the

Kadinamkulam Police Station, no effective steps have been taken by the

police to investigate the matter and to determine whether the death of

the daughter of the petitioner and her child was a case of suicide or a

case of murder. The petitioner has preferred Ext.P5 representation

before the 1st respondent. However, no reply has been given to the

petitioner thus far.

4. The learned Public Prosecutor submits that an enquiry as WP(CRL.) NO. 802 OF 2023

contemplated by the provisions of the Code when an FIR is registered

under Section 174 of the Cr.P.C is being conducted by the Dy.S.P,

Attingal and that enquiry has not been finalized thus far on account of

the fact that the Forensic Reports have not been received thus far.

Having heard the learned counsel for the petitioner and the

learned Public Prosecutor, this writ petition will stand disposed of

directing the 1st respondent to consider and pass orders on Ext.P5, after

affording an opportunity of hearing to the petitioner, within a period of

two months from the date of receipt of a certified copy of this judgment.

Sd/-

GOPINATH P.

JUDGE DK WP(CRL.) NO. 802 OF 2023

APPENDIX OF WP(CRL.) 802/2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.0592 OF 2023 OF THE KADINAMKULAM POLICE STATION, REGISTERED BY THE 3RD RESPONDENT UNDER SECTION 174 CR.P.C

Exhibit P2 TRUE COPY OF THE INQUEST REPORT DATED 17.05.2023 IN RESPECT OF THE DEATH OF THE PETITIONER'S DAUGHTER AND HER CHILD

Exhibit P3 TRUE COPY OF THE POSTMORTEM CERTIFICATE, PERTAINING TO THE DAUGHTER OF THE PETITIONER

Exhibit P4 TRUE COPY OF THE POSTMORTEM CERTIFICATE, PERTAINING TO THE CHILD

Exhibit P5 TRUE COPY OF THE REPRESENTATION DATED 20.06.2023 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT