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2023 Supreme(Ker) 434

K. BABU
K. Krishnan – Appellant
Versus
State of Kerala, Represented by the Public Prosecutor – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Suman Chakravarthy, K.R.Rija, Amjath A.R
For the Respondent: Smt.M.K.Pushpalatha, Public Prosecutor, Sri.John.S.Ralph, Amicus Curiae, Sri.Renjith.B.Marar, Amicus Curiae

JUDGMENT :

The petitioner seeks an effective investigation into the death of his daughter Geethu. She married Vipin Chandran on 30.04.2017. Geethu was found hanging in her bedroom on 25.11.2021, where her three-year-old son Ishan Dev was near her. Tirur Police registered Crime No.1304/2021 under the caption 174 of the Code of Criminal Procedure, 1973 (for short 'the Code'). The proceedings are now pending before the Sub Divisional Magistrate, Tirur. Before her death, Geethu had complained of harassment from the family of Vipin Chandran in connection with dowry and other marital issues. The death occurred within seven years of her marriage. The Police have not included any cognizable offence.

2. The petitioner filed a complaint before the District Superintendent of Police seeking an effective investigation into the matter. He got reliable information that the Police were trying to close the matter as unnatural death.

3. The procedure being followed by the Police in cases where inquiry is conducted under Section 174 of the Code is also under vehement challenge in this proceedings. The concern raised is that as the report under Section 174(2) of the Code does not reach the Judicial Magis

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