The High Court was asked to quash a second F.I.R because the Magistrate directed further investigation despite a claim of suicide. Relying on Premkumar, the bench directed police to investigate to rule out homicide.
The petition is dismissed; investigation to determine nature of death is directed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR
FRIDAY, THE 19TH JUNE 2009 / 29TH JYAISHTA 1931
Crl.MC.No. 1350 of 2009()
----------------------------------CRIME NO.237 OF 2009 OF HOSDURG POLICE STATION
PETITIONERS/ACCUSED NOS.1& 2:
--------------------------------------------------
1. P.V. RAGHAVAN ACHARI, AGED 64 YEARS, S/O. LATE PALLIKKARA GOVINDAN, PALLIKKARA HOUSE, PUTHIYAKANDAM, ANJANOOR GRAMAM, ANANDASHRAMAM P.O., KASARGOD DIST.
2. P.V. ASHOKAN, AGED 32 YEARS, S/O. RAGHAVAN ACHARI, PALLIKKARA HOUSE, PUTHIYAKANDAM, ANJANOOR GRAMAM, ANANDASHRAMAM P.O., KASARGOD DIST.
BY ADV. MR.M.SASINDRAN MR.K.P.HARISH
RESPONDENT/COMPLAINANT:
------------------------------------------
1. PUTHIYAKANDAM GUNAVATHI ACTION COMMITTEE, REPRESENTED BY ITS VICE CHAIRMAN, SMT. E. SEELAVATHI, AGED 41 YEARS, W/O. LAKSHMI NARAYANAN, THAYATH HOUSE, PUTHIYAKANDAM, POST ANANTHASHRAMAM, MAVUNGAL, KANHANGAD, KASARGOD DIST., PIN- 671 531.
2. STATE-REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
R2 BY PUBLIC PROSECUTOR MR.GIKKU JACOB.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 1350 of 2009
ORDER ON CRL.MA.NO.2148/2009 IN CRL.MC.NO.1350/2009
DISMISSED
19/06/2009.
SD/- M.SASIDHARAN NAMBIAR, JUDGE
//TRUE COPY//
P.A. TO JUDGE
rs.
M.SASIDHARAN NAMBIAR,J.
===========================
CRL.M.C.No.1350 OF 2009
===========================
Dated this the 19th day of June,2009
ORDER
Petitioners are the accused in Crime 237/2009 of Hosdurg Police Station being investigated on the direction of Judicial First Class Magistrate, Hosdurg under section 156(3) of Code of Criminal Procedure on Annexure V complaint. This petition is filed under section 482 of Code of Criminal Procedure contending that the police has already investigated the case after registering Crime 542/2006 under section 174 of Code of Criminal Procedure and a final report was submitted to the effect that it is a case of suicide and though the action committee had filed W.P(C) 31020/2007 before this court, under Annexure IV judgment this court found no reason to interfere with the final report and though opportunity was left open to approach the competent Magistrate, learned Magistrate was not justified in directing a further investigation without considering Annexure III final report. It was contended that Annexure V would amount to a second complaint which is not maintainable in law
Crl.M.C.1350/2009
2
and in such circumstance, Annexure VII F.I.R is to be quashed.
Crl.M.C.1350/2009
3
and it was held that the registration of an F.I.R under section 174 based on the information of unnatural death in “stricto sensu” cannot be construed to be an F.I.R within the meaning of the provisions of Section 154 and therefore the second F.I.R registered based on the complaint is maintainable. In the light of the decision, submission of the petitioner that Annexure VII F.I.R based on Annexure V complaint is to be treated as a second F.I.R. cannot be accepted. I find no reason to quash the complaint as it is for the Police to investigate and find out whether the death of deceased Gunavathy is suicide or homicide and if homicide whether it was committed by the petitioners or somebodyelse.
Petition is dismissed.
M.SASIDHARAN NAMBIAR JUDGE
tpl/-
M.SASIDHARAN NAMBIAR, J.
ORDER
24TH JUNE,2009
3 issues framed by the court
Whether the registration of a second F.I.R under section 174 is maintainable after a section 174 inquiry and a finding of suicide.
Whether the Sub Divisional Magistrate had jurisdiction to direct further investigation.
Whether the petition should be dismissed asMurder or homicide remained to be investigated by police.
Colour shows how this judgement treated each authority
Premkumar v. State of KeralaFollowed¶39
Premkumar v. State of Kerala (2009(2) KLT SN 78)
6 provisions across 1 enactments
P.V. Raghavan Achari
P.V. Ashokan
Puthiyakandam Gunavathi Action Committee
State
M.Sasidharan Nambiar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
