High Court Kerala High Court

Podiyamma vs The Superintendent Of Police on 19 September, 2008

Kerala High Court
Podiyamma vs The Superintendent Of Police on 19 September, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 9655 of 2004(Y)


1. PODIYAMMA, AGED 45,
                      ...  Petitioner

                        Vs



1. THE SUPERINTENDENT OF POLICE,
                       ...       Respondent

2. THE CIRCLE INSPECTOR OF POLICE,

3. THE SUB INSPECTOR OF POLICE,

4. THE HOME SECRETARY,

                For Petitioner  :SRI.G.SREEKUMAR (CHELUR)

                For Respondent  : No Appearance

The Hon'ble MR. Justice KURIAN JOSEPH

 Dated :19/09/2008

 O R D E R
                         KURIAN JOSEPH, J.
               ----------------------------------------------
                    W.P.(C) No.9655 of 2004
               ----------------------------------------------
                 Dated 19th September, 2008.
                            J U D G M E N T

The writ petition is filed mainly with the following

prayers :-

“(1) To issue a writ in the nature of mandamus or
any other appropriate writ order or direction commanding the
respondents to conduct a detailed investigation into the death of
late John in suspicious circumstances at the Moolamcode Divine
Retreat Centre near Pattikad in Thrissur district and submit a
report before this Hon’ble court concerning the same.

(2) In the alternative to issue a writ in the nature of
mandamus or any other appropriate writ order or direction
commanding the 4th respondent to constitute a separate body to
conduct investigation or direct the handing over of the
investigation to the crime branch department concerning the
death of late John in suspicious circumstances as mentioned
above”

In view of the decision of the Supreme Court in Sakiri Vasu v.

State of U.P. and Others (2008(2) KHC 13), it is for the

petitioner to approach the Magistrate of competent jurisdiction, in

which case, the investigation can be continued under the

supervision of the said court.

The writ petition is disposed of as above.

KURIAN JOSEPH, JUDGE.

tgs

KURIAN JOSEPH, J

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W.P.(C) No.9655 of 2004

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J U D G M E N T

Dated 19th September, 2008.