IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 32 of 2010()
1. K.P.AKILESAN,S/O.VELAYUDHAN,
... Petitioner
Vs
1. THE STATION HOUSE OFFICER,KANNUR CITY
... Respondent
2. THE STATION HOUSE OFFICER,VALAVATTANAM
3. THE SUPERINTENDENT OF POLICE,
For Petitioner :SRI.C.P.PEETHAMBARAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :20/01/2010
O R D E R
M.SASIDHARAN NAMBIAR,J.
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CRL.M.C.No. 32 OF 2010
===========================
Dated this the 20th day of January,2010
ORDER
Petitioner is the father of deceased Helna
who committed suicide by jumping in front of a
running train on 1.3.2009 alleging that her
husband and in-laws committed offences under
section 498A of Indian Penal Code. Deceased
Helna had filed Annexure A1 complaint before
Judicial First Class Magistrate, Kannur on
30.7.2008. It was sent for investigation. Under
Annexure A2 F.I.R Crime No.641/2008 was
registered. After investigation a final report
was filed on 30.10.2008 against the accused
alleging that they committed the offence under
section 498A read with section 34 of Indian
Penal Code. It was taken cognizance by the
learned Magistrate as C.C.540/2008. It is later
she committed suicide. Annexure A3 F.I.R was
Crl.M.C.32/2010 2
registered on 1.3.2009 in Crime No.36/2009 under
the caption unnatural death (Annexure 3 shows that
the offence recorded is 306 IPC which may not be
correct as in that case the F.I.R could only be
forwarded to Judicial First Class Magistrate and
not to the Sub Divisional Magistrate as seen in
Annexure3). Petitioner thereafter filed Annexure
A5 complaint before the Sub Inspector of Police,
Valapattanam alleging that her husband, mother-in-
law, sister-in-law and brother-in-law are
responsible for her death and therefore a proper
investigation is to be conducted. The complaint
is dated 3.3.2009. On 26.7.2009 Annexure A6
complaint was filed before the Superintendent of
Police, Kannur District alleging that inspite of
Annexure A5 , no proper investigation was conducted
and praying for taking appropriate action for
proper investigation. This petition is filed under
section 482 of Code of Criminal Procedure for a
direction to the respondents to conduct further
Crl.M.C.32/2010 3
investigation in Crime 641/2008 by clubbing the
incident of suicide along with the final report
already submitted.
2. Learned counsel appearing for the
petitioner and learned Public Prosecutor were
heard.
3. Annexure A1 complaint itself shows that
deceased Helna was not residing with the husband or
her in-laws subsequent to 30.7.2008. Helna
committed suicide only on 1.3.2009. Even the final
report in Crime 641/2008 was filed on 7.11.2008
much prior to the date of suicide. Therefore
there cannot be a direction to club the
investigation in respect of the suicide committed
with a case in which investigation was completed
and final report was also submitted.
4. Though learned counsel appearing for the
petitioners argued that an offence under section
306 of Indian Penal Code is attracted, in any event
that case cannot be clubbed with the case which
Crl.M.C.32/2010 4
has already been investigated and a final report
was filed six months prior to the date of
commission of suicide.
5. Learned Public Prosecutor submitted that
the case is being investigated on Annexure A3
F.I.R. In such circumstances, petition is disposed
directing the Superintendent of Police to direct
the Investigating Officer to consider the
submissions in Annexure A6 complaint also while
investigating the case.
M.SASIDHARAN NAMBIAR
JUDGE
tpl/-
M.SASIDHARAN NAMBIAR, J.
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W.P.(C).NO. /06
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JUDGMENT
SEPTEMBER,2006