- (1.) The seminal question that emerges for consideration in this appeal is whether the High Court of Kerala at Ernakulam, is justified in quashing the F.I.R. lodged against the respondents for the offences punishable under Sections 182, 194, 195, 195A and 306 of the Indian Penal Code in exercise of jurisdiction under Section 482 of the Code of Criminal Procedure by the impugned order dated 14th December, 2012.
(2.) At the outset, we must state that Mr. L. Nageshwar Rao, learned senior counsel appearing for the State has submitted that there is no grievance as far as the quashment of the offences punishable under Sections 182, 194, 195, 195A I.P.C. is concerned. Therefore, the central challenge pertains to quashing of the offence punishable under Section 306 I.P.C.
(3.) The facts in detail need not be stated, for the controversy really lies in a narrow compass. As the factual matrix would unfurl, one Sampath was alleged to have been beaten to death by the investigating agency, that is, the State police, while he was in custody. His brother, Murukeshan, preferred W.P.(C) No.13426 of 2010 and during the pendency of the writ petition, he filed I.A. No.16944 of 2010. His prayer was basically for issuance of a direction to the Director, Central Bureau of Investigation (C.B.I.) to submit a detailed report regarding the investigation so far conducted and production of the entire case diary. As is manifest, he was not satisfied with the investigation conducted by the State police and his prayer was for better and more rigorous investigation. Be it noted, the High Court by an earlier order had directed the C.B.I. to investigate as there were certain allegations against the State police.;