Dismissed

Aruna M. v. the State of Kerala

Kerala HC24 Sept 2020WP(C)/17407/2020

Case brief

AI extract

What is this about?

The High Court at Ernakulam heard a writ petition challenging the investigation into a suicide case. Petitioner alleged lack of inquiry into abetment. Court noted proper investigation was underway. Petitioner requested scrutiny of final report by superior officer. Petition dismissed after recording of prosecution submission.

What did the court decide?

Petition closed after recording of Public Prosecutor's submission; no direction granted.

Aruna M. Vs the State of Kerala — Writ and Judicial Review | Kerala HC (2020)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE V.G.ARUN

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THURSDAY, THE 24TH DAY OF SEPTEMBER 2020 / 2ND ASWINA, 1942

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WP(C).No.17407 OF 2020(A)

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PETITIONER/S:

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ARUNA M. AGED 42 YEARS D/O. MANI, 3/306, SALAM LANE, KUNNUMPURAM, KALPATHY P O, PALAKKAD - 678003.

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BY ADV. SRI.BINOY VASUDEVAN

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RESPONDENT/S:

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1 THE STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, 695001.

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2 THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM, 695001.

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3 THE DISTRICT POLICE CHIEF OFFICE OF THE DPO, YAKKARA, PALAKKAD - 678701.

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4 THE STATION HOUSE OFFICER, TOWN NORTH POLICE STATION, PALAKKAD - 678001.

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R1-4 BY GOVERNMENT PLEADER

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OTHER PRESENT:

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SR.PP.C.S.HRITHWIK

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.09.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No.17407 of 2020

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JUDGMENT

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Dated this the 24^th day of September, 2020

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The petitioner's son Syam Prasad committed

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suicide on 12.12.2019. This resulted in Crime No.650 of 2019 being registered at Palakkad Town North Police Station under Section 174 Cr.P.C. The petitioner alleges that no proper investigation is being conducted into his son's death. According to the petitioner, the possibility of his son having been abetted to commit suicide, inviting an offence under Section 306 IPC against that abettors, was not enquired into. The petitioner therefore seeks for a direction to respondents 1 and 2 to entrust the investigation to an officer not below the rank of Deputy Superintendent of Police.

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2. The SHO Town North Police Station, who is conducting the investigation, has filed a statement detailing the investigation so far

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W.P.(C) No.17407 of 2020

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conducted. A perusal of the statement reveals that proper investigation is being conducted and the apprehensions of the petitioner is misplaced.

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3. The learned Counsel for the petitioner

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requests that, there may, at least, be, a direction that to a superior Police Officer should scrutinise the final report.

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4. The learned Public Prosecutor submits that, even otherwise, investigation of cases registered under Section 174 Cr.P.C will be scrutinised by a superior officer.

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The submission of the learned Public Prosecutor is recorded and the writ petition is

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closed.

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sd/- V.G.ARUN JUDGE

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Scl/24.09.2020

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W.P.(C) No.17407 of 2020

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE FIR IN CRIME NO.650 OF 2019 OF TOWN NORTH POLICE STATION, PALAKKAD.

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EXHIBIT P2 TRUE COPY OF THE STATEMENT GIVEN BY MANIKANDAN TO THE POLICE.

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EXHIBIT P3 TRUE COPY OF THE POSTMORTEM CERTIFICATE DATED 13.12.2019.

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EXHIBIT P4 TRUE COPY OF THE REPLY DATED 11.01.2020 (WRONGLY TYPED AS 11.01.2019) ISSUED BY THE PUBLIC INFORMATION OFFICER ATTACHED TO THE TOWN NORTH POLICE STATION, PALAKKAD.

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EXHIBIT P5 TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT ON 24.12.2019.

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EXHIBIT P5(a) TRUE COPY OF THE RECEIPT ISSUED BY THE OFFICE OF THE 3RD RESPONDENT.

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EXHIBIT P6 TRUE COPY OF THE LETTER DATED 13.01.2020 SENT BY THE PRIVATE SECRETARY TO THE OPPOSITION LEADER TO THE 2ND RESPONDENT.

Aruna M. v. the State of Kerala

Case brief

What is this about?

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Aruna M. v. the State of Kerala

Case brief

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