JOSHI N.THOMAS Vs. STATE OF KERALA
LAWS(KER)-2020-11-712
HIGH COURT OF KERALA
Decided on November 16,2020

Joshi N.Thomas Appellant
VERSUS
STATE OF KERALA Respondents




JUDGEMENT

SHAJI P.CHALY,J. - (1.)Above writ appeal is filed by the petitioner in the writ petition challenging the judgment of the learned Single Judge in W.P.(C) No.19237/2019 dated 25.8.2020, whereby the writ petition filed for the following reliefs was dismissed.
i) issue a writ of Certiorari or other appropriate Writ or direction calling for the records leading to Ext P-12 on the file of the 5 th Respondent and P-13 submitted by 6th Respondent and quashing the same.

ii) issue a writ of Mandamus or other appropriate Writ or direction or order commanding the 6th Respondent to produce the report of investigation said to have been filed pursuant to Ext P-13.

iii) issue a writ of Mandamus or other appropriate Writ or direction or order for proper investigation preferably commanding the 3rd Respondent to investigate Crime No. 172/2011 of Athirapally Police Station

iv) issue a writ of Mandamus or any other Writ or direction or order directing the 1st respondent to see that investigation of crime no. 172/2011 of Athirapally Police Station is properly communicated to the 3 rd respondent in the event of ordering investigation by 3rd respondent by this Hon'ble Court.

v) issue a writ of Mandamus or any other Writ or direction or order directing a speedy investigation pertaining to the death of Petitioner's son Jerin within stipulated period as this Hon'ble Court deem fit.

vi) issue such other appropriate Writ or order or direction to the Respondents as this Hon'ble Court may deem fit and necessary in the facts and circumstances of the case.

(2.)Appellant is the father of late Jerin, who died on 13.5.2011, according to the appellant, under suspicious circumstances. The writ petition was filed seeking to quash, Ext.P12 information dated 7.3.2019 provided by the State Public Information Officer and Junior Superintendent, Office of the Additional Director of Police, North Zone, Kozhikode, whereby it was informed that, the Inspector General of Police, Thrissur Range, informed that the investigation in Crime No.172/2011 of Athirapally Police Station was going on the right track. Therefore, declined action on the complaint submitted by the appellant dated 20.12.2019, and Ext.P13 final report filed by the investigating officer before the Sub Divisional Magistrate Court, Thrissur dated 23.3.2019 reporting that cause of death of Jerin was "due to accidental drowning", and consequently sought for a direction for proper investigation preferably by the Central Bureau of Investigation, the 3rd respondent .
(3.)The case of the appellant was that Jerin went along with his mother's close relatives on 13.5.2011 to Aroormuzhi, a picnic spot and died there in mysterious circumstances. According to the appellant, the death of Jerin is suspicious, and it cannot be believed that Jerin, who was a swimmer, died due to drowning in shallow waters. It is the contention of the appellant that one N.K.George, retired Circle Inspector of Police and relative of the appellant, who was present in the funeral of Jerin, expressed a doubt about Jerin's death. Therefore, N.K.George contacted the Sub Inspector of Police, Athirapally Police Station, who has registered the FIR. It was also stated that Ext.P1 FIR was registered on the basis of a statement given by one Aji Thomas, who was one among the persons with Jerin on 13.5.2011. According to the appellant, despite specific request for a proper investigation to the cause of death of Jerin, the Sub Inspector of Police, Athirapally declined to do so and hurriedly closed the investigation and submitted a closure report to the Sub Divisional Magistrate, Thrissur on 30.5.2011. Thereupon, the appellant approached the Superintendent of Police, Thrissur (Rural) and complained about the indifferent and callous investigation of the Sub Inspector of Police. The Superintendent of Police on getting a discrete enquiry report from the Deputy Superintendent of Police, Special Branch, Thrissur, ordered further investigation in Crime No.172/2011. It was submitted that, though the appellant gave a written statement of valuable information to the Deputy Superintendent of Police, Chalakudy, he ignored it and closed the investigation.


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