Bindu Hari v. Sub Inspector Of Police
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID THURSDAY, THE 12TH DAY OF MARCH 2015/21ST PHALGUNA, 1936 WP(C).No. 3713 of 2015 (L) ------------------------------------- PETITIONER(S):
----------------------- BINDU HARI, AGED 35 YEARS, W/O.LATE HARI, SREESYLAM VEEDU, PULIVELIL ADIMURIYIIL, KUZHIMURI, PRAKKANAM P.O., CHENNEERKKARA VILLAGE, PATHANAMTHITTA DISTRICT.
BY ADVS.SRI.KRISHNADAS P. NAIR SRI.HARIDAS P.NAIR SMT.K.L.SREEKALA SRI. M.A.VINOD SRI.M.RAJESH KUMAR RESPONDENT(S):
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1. SUB INSPECTOR OF POLICE, PATHANAMTHITTA POLICE STATION - 689 545.
2. THE CIRCLE INSPECTOR OF POLICE, PATHANAMTHITTA - 689 645.
3. THE SUPERINTENDENT OF POLICE, PATHANAMTHITTA - 689 645.
4. STATE OF KERALA, REPRESENTED BY HOME SECRETARY, THIRUVANANTHAPURAM - 695 001.
5. THE SUPERINTENDENT OF POLICE, CENTRAL BUREAU OF INVESTIGATION (CBI), ERNAKULAM KERALA - 18.
6. THE DIRECTOR CENTRAL BUREUAU OF INVESTIGATION (CBI), NEW DELHI 110 001.
7. RENJAN, S/O MUTHAYYA CHETTIYAR, SREEMANGALATHU VEEDU, PRAKKANAM P.O., CHENNEERKKARA VILLAGE, PATHANAMTHITTA - 689 643.
R1-R4 BY GOVERNMENT PLEADER SMT.P.MAYA R5 & R6 BY ADV. SRI.P.CHANDRASEKHARA PILLAI, SC C.B.I. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: msv/
WP(C).No. 3713 of 2015 (L) -------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT. P1:THE TRUE COPY OF THE FIR IN CRIME NO.1995/2014. EXT. P2:THE TRUE COPY OF THE SAME DATED 10.11.2014. EXT. P3:THE TRUE COPY OF THE COMPLAINTS FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 13.11.2014.
EXT. P4:THE TRUE COPY OF THE COMPLAINT DATED 22.11.2014. EXT. P5:THE TRUE COPY OF THE COMPLAINT FILED BEFORE THE HUMAN RIGHT COMMISSION DATED 18.06.2014.
EXT. P6:REPORTS FILED BY THE 1ST RESPONDENT TO THE HUMAN RIGHT COMMISSION DATED 18.08.2014.
EXT. P7:THE TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER DATED 30.04.2013.
EXT. P8:THE TRUE COPY OF THE CMP NO.7821/2014 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT I, PATHANAMTHITTA.
EXT. P9:SERIES OF TRUE COPY OF NEWS PAPER REPORTS. RESPONDENT(S)' EXHIBITS:
----------------------------------------- NIL //TRUE COPY// P.S.TO JUDGE Msv/
P.UBAID, J.
------------------ W.P.(C) No.3713 of 2015 ------------------- Dated this the 12th March, 2015
JUDGMENT
The writ petitioner herein seeks a writ of mandamus directing effective investigation in the crime relating to the commission of suicide by her husband. During the proceeding, this Court directed the police to submit a detailed report regarding the investigation so far conducted. It appears that the writ petitioner does not have any suspicion regarding the death of her husband, and she also believes that it is in fact a case of suicide. She brought the writ petition when she believed that the investigation at that time was not on the right track. Any way, now there is report by the police that on investigation definite materials could be collected for prosecution under Section 306 IPC. It is a definite case of abatement of suicide, as revealed during investigation.
Report shows that investigation is almost over, and that the final report will be submitted in court without any delay, under Section 306 IPC. I find that this will satisfy the writ petitioner. She does not allege a case of murder, and what she wants practically, is to find out the cause of commission of suicide.
W.P.(C) No.3713 of 2015 investigation conducted by the investigating officer before final report is submitted in court. In the above circumstances, this writ petition need not proceed.
Accordingly, the report submitted by the police is recorded, and the writ petition is closed with direction to the 3rd respondent, that the entire case diary and the investigation details shall be verified by him before final report is submitted in court.
Sd/- P.UBAID, JUDGE sd