Kerala High Court
Mani Meghala .K vs The State Police Chief on 12 April, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 12TH DAY OF APRIL 2024 / 23RD CHAITHRA, 1946
WP(CRL.) NO. 1202 OF 2022
CRIME NO.707/2020 OF PALODE POLICE STATION,
THIRUVANANTHAPURAM
PETITIONER:
MANI MEGHALA K.
AGED 70 YEARS, W/O. LATE KRISHNAN,
SIVALAYAM,
HOUSE NO.670, VALUPACHA,
KADAKKAL P.O, KOLLAM - 691536
BY ADV MEREENA J.JOSEPH
RESPONDENTS:
1 THE STATE POLICE CHIEF
POLICE HEAD QUARTERS, VAZHUTHACAUD,
THIRUVANANTHAPURAM - 695014
2 THE ADDITIONAL DIRECTOR GENERAL OF POLICE
(CRIMES)
CRIME BRANCH HEAD QUARTERS, VAZHUTHACAUD,
THIRUVANANTHAPURAM - 695014
3 THE DISTRICT POLICE CHIEF
THIRUVANANTHAPURAM RURAL POLICE,
PALAYAM, THIRUVANANTHAPURAM - 695033
4 THE STATION HOUSE OFFICER
PALODE POLICE STATION, PALODE,
THIRUVANANTHAPURAM DISTRICT - 695562
SRI. ASHI M.C., PUBLIC PROSECUTOR
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 01.04.2024, THE COURT ON 12.04.2024 DELIVERED
THE FOLLOWING:
W.P.(Crl.) No.1202/22 -:2:-
BECHU KURIAN THOMAS, J.
--------------------------------
W.P.(Crl) No.1202 of 2022
---------------------------------
Dated this the 12th day of April, 2024
JUDGMENT
Petitioner's grandson Master Adith Siva, who was only 13 years
of age, was found dead on 20.05.2020, pursuant to which Crime
No.707/2020 of Palode Police Station was registered under Section
174 of the Code of Criminal Procedure, 1973 (for short 'the Cr.P.C.')
The post mortem report stated that death was due to hanging.
Petitioner seeks for a direction to entrust the investigation of the
aforesaid crime to the State Crime Branch.
2. According to the petitioner, her son had married the mother
of the deceased and they had two sons. Since petitioner's son was
employed in the United Arab Emirates, he used to come only on
holidays and in 2020, he noticed changes in the behaviour of his wife
when she started distancing herself from him. Later, when her
mobile phone was checked, he found his wife having certain
extramarital relationships, and since 09.05.2020, they have been
living separately. Later, the petitioner got information that on
20.05.2020, her grandson was found hanging in their house without
any rational reason.
3. Petitioner alleges that the sole reason mentioned in the F.I.R.
as the cause for committing suicide is that the child demanded a
bicycle and since the demand was not met, he hung himself. Despite
several complaints having been given to the Chief Minister and other
police officials, there was no proper response, and hence she has
approached this Court with this petition under Article 226 of the
Constitution of India.
4. Certain anomalies surrounding the death of petitioner's
grandson are pointed out, alleging that the mother of the deceased,
along with somebody else, would have caused the death of the
young boy. An anonymous letter dated nil was also put forward as a
cause for doubting the involvement of the mother of the victim,
whose extramarital relationship is alleged to be the reason for the
suicide.
5. This Court called for the case diary and perused it to verify
the veracity of the allegations. Arguments of Smt. Mereena J.
Joseph, learned counsel for the petitioner and Sri. M.C.Ashi, the
learned Public Prosecutor were also heard.
6. On a perusal of the case diary, it is noticed that the
postmortem report does not indicate any serious ante-mortem
injuries. No injuries that would have been caused by another person
were also noticed by the Doctor who conducted the autopsy. Hence,
the possibility of a murder was ruled out by the Investigating Officer.
7. Further, even the allegation regarding the extramarital
relationship between the mother of the victim and her classmate was
also probed into, nothing was brought out to doubt the involvement of
any such person in the death of the young boy. Though the
petitioner produced some photographs alleged to have been
revealed from the mobile phone, there is nothing to indicate any
connection between the death of Master Adith Siva and the alleged
relationship between his mother and her classmate. In the absence
of any material produced either by the petitioner or as evident from
the case diary, an investigation by another agency is not warranted.
8. In this context, it has to be mentioned that an aggrieved
person can only claim that the offence he/she alleges, be
investigated properly, but has no right to claim that a particular
agency of their choice must investigate the case. In the recent
decision in Vishal Tiwari v. Union of India and Others [2024 SCC
Online SC 15], it was observed that the power to transfer
investigation must be exercised sparingly and in extraordinary
circumstances and unless the investigation conducted by the
authority entrusted with the power to investigate, is portrayed to be
willfully and deliberately inactive in carrying out the investigation, the
court will ordinarily not supplant such an authority. The court must not
exercise such powers in the absence of cogent justification indicative
of a likely failure of justice in the absence of the exercise of the
power to transfer.
9. The circumstances surrounding the death of the victim and
the nature of the investigation conducted do not create any suspicion
warranting an investigation by another agency. The petitioner has
failed to produce any material strong enough to indicate that the
investigating agency was inadequate in the investigation conducted.
In such circumstances, I find no merit in this writ petition and it
is dismissed.
Sd/-
BECHU KURIAN THOMAS
JUDGE
vps
APPENDIX
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE FIR AND FIS IN
CRIME NO 707/2020 OF PALODE POLICE
STATION, DATED 20/5/2020.
Exhibit P2 THE TRUE COPY OF THE POST MORTEM
CERTIFICATE ISSUED BY DR.SARITHA FROM
DIRECTORATE OF MEDICAL EDUCATION DATED
21/5/2020.
Exhibit P3 TRUE COPY OF THE COMPLAINANT FILED BY
SUGATHAN THROUGH ADV. THARIF BEFORE THE
CI OF POLICE, PALODE POLICE STATION
DATED 26/5/2020
Exhibit P4 TRUE COPY OF THE COMPLAINANT FILED BY
SUGATHAN THROUGH ADV. THARIF B, BEFORE
THE CHIEF MINISTER OF KERALA DATED
5/6/2020.
Exhibit P5 TRUE COPY OF THE COMPLAINANT FILED BY
SUGATHAN THROUGH ADV THARIF BEFORE THE
CRIME BRANCH, DATED 5/6/2020
Exhibit P6 TRUE COPY OF THE REPORT SUBMITTED BY THE
DEPUTY SUPERINTENDENT OF POLICE,
NEDUMANGAD BEFORE THE HUMAN RIGHTS
COMMISSION DATED 8/6/2022
Exhibit P7 TRUE COPY OF THE REPLY SUBMITTED BEFORE
THE HUMAN RIGHTS COMMISSION DATED
4/7/2022
Exhibit P8 TRUE COPY OF THE UNNAMED LETTER RECEIVED
BY ASHIK DATED NIL.
