Point of Law : Section 190 of Code reads cognizance of offences by Magistrates.

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 Magistrate concerned and is forwarded to the Executive Magistrate, the near relatives of the victim are deprived of the opportunity to challenge the conclusions arrived at in the inquiry. It is submitted that the informants and the near relatives in such cases are kept in the dark regarding the proceedings.

4. Considering the importance of the issue, this Court appointed Advocates Sri.John.S.Ralph and Sri.Ranjith.B.Marar as Amici Curiae to assist the Court.

5. Heard Sri.Suman Chakravarthy, the learned counsel appearing for the petitioner, Sri.John.S.Ralph and Sri.Renjith.B.Marar, the learned Amici Curiae and Smt.M.K.Pushpalatha, the learned Public Prosecutor.

Submissions

6. Sri.Suman Chakravarthy made the following submissions:

Once an FIR under Section 174 of the Code is registered regarding a case of suicide, registration of a fresh FIR within the meaning of Section 154 of the Code is not required when a cognizable offence is made out during inquiry or after that. The practice followed in the State of Kerala is to register FIR under Section 174 of the Code, and when it is revealed that a cognizable offence is committed, the said FIR is requested to be transferred to the Judicial Magistrate concerned after incorporating the necessary penal provisions. The report contemplated under Section 174 of the Code, which is to be sent to the Executive Magistrate, is not an FIR as contemplated in Section 154 of the Code.

7. Sri.John.S.Ralph, the learned Amicus Curiae, made the following submissions:

When information is lodged about suicide, since no cognizable offence mentioned in any of the statutes is reported, the Police Officer cannot register an FIR. In a case of suicide, if the Police Officer gets an information that it is a case of abetment of suicide under Section 306 IPC or a case of dowry death under Section 304B, both being cognizable offences, he is bound to register an FIR and investigate the matter. In a case of an apparent suicide, if information is received that it is a case of homicide, the Police Officer has to register a case and investigate. In all these situations, the Officer can investigate the case only after registering a crime and sending a report to the Magistrate under Section 157 of the Code. Information regarding a suicide is not information regarding a cognizable offence, and therefore, the Police do not conduct investigation into any offence. The Police only conduct an inquiry regarding the same. When a report of inquiry into the case of unnatural death is submitted before an Executive Magistrate under Section 174 of the Code, the only course open to the Magistrate is to accept it. If the report is submitted before the Judicial Magistrate, the Court can accept, reject or direct the Police to continue investigating the matter. The Police, on