Disposed

M.S.Malar v. State of Kerala

Kerala HC1 Feb 2023WP(C)/3375/2012

Case brief

AI extract

What is this about?

The Kerala High Court disposed of a writ petition filed by the mother of a deceased domestic worker. The court clarified that the police report must be submitted to the Judicial Magistrate for acceptance or rejection, and the Magistrate can then order reinvestigation or issue notice to the complainant.

What did the court decide?

Clarified procedural requirement for police report submission and disposed of the writ petition.

M.S.Malar Vs State of Kerala — Writ and Judicial Review | Kerala HC (2023)

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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 AMIT RAWAL

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WEDNESDAY, THE 1ST DAY OF FEBRUARY 2023 / 12TH MAGHA, 1944

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WP(C) NO. 3375 OF 2012

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PETITIONER:

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M.S.MALAR
AGED 50 YEARS

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W/O.CHINNASAMY,ERAIYUR VILLAGE,
ULUNDERPETTAI TALUK,
VILLUPURAM DISTRICT,TAMIL NADU.

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BY ADV SMT.K.V. BHADRA KUMARI

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVT. HOME DEPARTMENT,SECRETARIAT, THIRUVANANTHAPURAM-695001.

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2 DIRECTOR OF GENERAL OF POLICE KERALA OFFICE OF THE DIRECTOR GENERAL OF POLICE,THIRUVANANTHAPURAM-695001.

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3 THE STATION HOUSE OFFICER KOTHAMANGALAM POLICE STATION,KOTHAMANGALAM,ERNAKULAM DISTRICT-686691.

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4 JOINT DIRECTOR AND HEAD OF ZONECBI IIIRD FLOOR,E.V.K,SAMPATH BUILDING,COLLEGE ROAD,CHENNAI-699996.

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5 SUPERINTENDENT OF POLICE CRIME BRANCH,CBCID,ERNAKULAM DISTRICT,PIN-682016.

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BY ADVS.
STATE ATTORNEY
MANU S., DSG OF INDIA

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No.3375 of 2012

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AMIT RAWAL, J

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W.P.(C) No.3375 of 2012

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Dated this the 1^st day of February, 2023

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JUDGMENT

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Petitioner is the mother of a Tamilian girl who unfortunately died on 04-10-2011 while working as a domestic worker in the house of one employer. An FIR bearing No.1071/2011 was registered at Kothamangalam Police Station under Section 306 (1)(C) of Indian Penal Code 1860.

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The contention of the petitioner is that the police has not investigated the case where it was a case of murder and not suicide. Since the investigation is not being conducted properly by the local police, the matter be referred to the CBI.

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Sri. Justin Jacob, learned counsel appearing on behalf of the State submitted that the report has been submitted to

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the Sub Divisional Magistrate that it was a case of unnatural death.

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W.P.(C) No.3375 of 2012

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I have heard the counsel for the parties and am of the view that once the police had investigated the matter, the report should have been submitted to the Judicial Magistrate for acceptance or otherwise. In case the Judicial Magistrate disagree with the report, the Magistrate is empowered to order re-investigation as per sub Section 8 of Section 173 of the Code of Criminal Procedure 1973 or require to issue notice to the complainant for filing protest petition.

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Sri. Justin Jacob, learned counsel for the State submitted that the report of the police shall be filed in the competent Jurisdictional Court of law with notice to the petitioner. In case such report is filed, the jurisdictional Magistrate shall take the action in accordance with law and in view of the observations made hereinabove.

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Writ petition disposed off.

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JUDGE

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mtk

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W.P.(C) No.3375 of 2012

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APPENDIX OF WP(C) 3375 / 2012

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PETITIONER EXHIBITS

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EXHIBIT P1True copy of the F.I.R.1071/2011 dated
4/10/2011 Kothamangalam Police.
EXHIBIT P2True copy of the Post Certificate issued
by the Police of Medical College Hospital,
Alappuzha
EXHIBIT P3True copy of the representation dated
24/10/2011 submitted by the Fact Finding
Team which the place on 19.10.2011, before
the Minister of Kerala.
EXHIBIT P4True copy of the representation submitted
by the petitioner on 14/10/2011 before the
Minister of Kerala and other authorities
EXHIBIT P5True copy of the representation submitted
by the petitioner on 23/10/2011 before the
Chief Minister of Kerala and 1st
respondent etc.

M.S.Malar v. State of Kerala

Case brief

What is this about?

What did the court decide?

M.S.Malar v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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