GANGADHARAN NAIR Vs. GOPALAKRISHNAN

JUDGEMENT

(1.) THE petitioner is the defacto complainant in Crl. M.P. No. 7037/2010 on the files of the Judicial First Class Magistrate's Court, Wadakkanchery. The complaint is in respect of the death of the petitioner's daughter, Vasanthi. The Police, after investigation, referred the matter, against which, the petitioner filed a private complaint. There was a direction to exhume the body of the petitioner's daughter and to conduct chemical analysis of the internal organs of the deceased. But the Magistrate, without waiting for the chemical analysis report, passed the impugned order, refusing to take cognizance of the offence on the ground that there is no sufficient material for taking cognizance. The order of the magistrate is impugned in this Criminal Revision Petition. I passed the following order in this Criminal Revision Petition on 31.10.2012:

(2.) PURSUANT to my order dated 19.9.2012, two reports have been produced before me, one by the Sub Inspector of Police, Cheruthuruthy Police Station, Thrissur and the second by the Assistant Chemical Examiner, Regional Chemical Examiners Laboratory, Kakkanad, Ernakulam. The Assistant Chemical Examiner states in his statement that it is because of pressure of work that there was delay in testing the internal organs of the deceased and forwarding the report. The report filed by the Sub Inspector of Police does not furnish the information called for by me. It merely says that, on investigation, it was revealed that the death of the complainant's daughter, Vasanthi was due to disease. If the police could file a final report based on other evidence, there was absolutely no necessity to exhume the body of the deceased and send the internal organs for analysis by the Chemical Examiner. That being so, the report of the Sub Inspector of Police is totally unsatisfactory.