Kerala High Court
O.K. Babu vs The Sub Inspector Of Police on 28 May, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
WP (Crl.) No.982 of 2022
2025:KER:38158
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 28TH DAY OF MAY 2025 / 7TH JYAISHTA, 1947
WP(CRL.) NO. 982 OF 2022
CRIME NO.406/2022 OF Vadakara Police Station, Kozhikode
PETITIONER:
O.K. BABU
AGED 54 YEARS, S/O. MATHU, CHALIYAM MADATHIL
THAZHA KUNI, PURAMERI, MUTHUVADATHUR,
KOZHIKODE, PIN - 673503
BY ADVS.
SRI.T.G.RAJENDRAN
SRI.T.R.TARIN
RESPONDENTS:
1 THE SUB INSPECTOR OF POLICE
VADAKARA POLICE STATION, KOZHIKODE,
PIN - 673103
2 THE REVENUE DIVISIONAL OFFICER
VADAKARA, KOZHIKODE, PIN - 673103
3 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
4 SAJEEVAN.C.K.
AGED 31 YEARS, CHEKKILODE HOUSE, THODANNUR,
VADAKARA, KOZHIKODE, PIN - 673103
5 Addl. 5. SUPERINTENDENT OF POLICE (RURAL),
VADAKARA, KOZHIKODE
BY ADV:
SMT. SEETHA.S, SR.PP
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
28.05.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP (Crl.) No.982 of 2022
2025:KER:38158
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P.V.KUNHIKRISHNAN, J.
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WP(Crl.) No.982 of 2022
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Dated this the 28th day of May, 2025
JUDGMENT
The above Writ Petition(Crl.) is filed with the following prayers:
"a) issue a writ of mandamus or any other writ order or direction, commanding the police to conduct fair and proper investigation in Cr No. 406/2022 of Vadakara Police Station through a senior police officer in respect of death of Petitioner daughter.
b) grant such other reliefs as prayed for from time to time including cost of this proceedings."
2. Petitioner's daughter died from her matrimonial house on 28.04.2022. The petitioner who is the father of the deceased apprehends that there is suspicion in the death of her daughter. The WP (Crl.) No.982 of 2022 2025:KER:38158 3 Police after registering an FIR under Section 174 Cr.PC, submitted a report before the Sub Divisional Magistrate stating that it is a suicide and no offence is made out. According to the petitioner, he was not questioned and a perusal of the postmortem certificate would shows that it is not a suicide. The petitioner is aggrieved by the investigation conducted by the Investigating Officer.
3. Heard the learned counsel appearing for the petitioner and the learned Public Prosecutor.
4. After hearing both sides, I am of the considered opinion that this is a case in which the Addl. 5th respondent should call for the case diary in Crime No.406/2022 of Vadakara Police Station and peruse the same and thereafter decide whether further investigation is necessary in this case. The Addl. 5th respondent will give an opportunity of hearing also to the petitioner before deciding the WP (Crl.) No.982 of 2022 2025:KER:38158 4 same. The action taken by the Addl. 5th respondent should be communicated to the petitioner within a time frame.
Therefore, this Writ Petition is disposed of with the following directions:
1. The Addl. 5th respondent is directed to call for the case dairy in Crime No.406/2022 of Vadakara Police Station within two weeks from the date of receipt of a copy of this judgment.
2. If the case diary is received, the Addl. 5th respondent will peruse the same and give an opportunity of hearing to the petitioner. Thereafter, the Addl. 5 th respondent will decide whether further investigation is necessary.
3. If further investigation is necessary, the Addl. 5th respondent will depute a senior WP (Crl.) No.982 of 2022 2025:KER:38158 5 police officer to conduct the investigation.
4. The action taken by the Addl. 5th respondent, as directed by this Court, should be communicated to the petitioner within two months from the date of receipt of a copy of this judgment.
5. The petitioner will produce a certified copy of this judgment along with a copy of this writ petition with exhibits before the Addl. 5th respondent for compliance.
Sd/-
P.V.KUNHIKRISHNAN
nvj JUDGE
WP (Crl.) No.982 of 2022
2025:KER:38158
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APPENDIX OF WP(CRL.) 982/2022 PETITIONER EXHIBITS EXHIBIT P1 COPY OF THE FIRST INFORMATION REPORT IN CR NO. 406/2022 EXHIBIT P2 COPY OF THE POST MORTEM CERTIFICATE 29.4.2022 EXHIBIT P3 COPY OF THE SCENE MAHAZAR DATED 30.4.2022 EXHIBIT P4 CERTIFIED COPY OF THE INQUEST REPORT DATED 29.4.2022 //TRUE COPY// PA TO JUDGE