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IN THE HIGH COURT OF KERALA AT ERNAKULAM
A. K. Jayasankaran Nambiar, JOBIN SEBASTIAN, JJ
RADHAMMA AGED 68 YEARS W/O. LATE VENUGOPAL – Appellant
Versus
THE DIRECTOR GENERAL OF POLICE – Respondent
| Table of Content |
|---|
| 1. investigation into unnatural death claims. (Para 2 , 3 , 4) |
| 2. procedural flaws in initial investigation. (Para 5 , 10) |
| 3. clarification and enforcement of judicial processes. (Para 6 , 8 , 12) |
| 4. necessary compliance with statutory investigation procedures. (Para 9 , 11) |
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JUDGMENT :
The appellant herein was the petitioner in writ petition (Crl). No. 938/2024 and is aggrieved by the judgment of the learned Single Judge in the said writ petition.
The appellant, is the mother of one Dr.Aneesh Venugopal, who was running a Dental Clinic in Alappuzha and was found dead in his apartment on 24.03.2019. She is essentially aggrieved by the investigation carried out by the investigating agency into the death of her son, and it is her stand that the investigation was not conducted in a fair and satisfactory manner. It is not in dispute before us that Ext.P1 FIR was registered on 24.03.2019 before the Sub-Divisional Magistrate, Chengannur, and pursuant to that the procedures envisaged under Sections 174 to 176 were duly complied with. A report was thereafter submitted before the Sub- Divisional Magistrate stating that it was a case of unnatural death by hanging. The postmortem rep
Proper filing of FIRs under Section 154 is vital for a valid investigation. Investigations under Sections 174-176 serve a limited purpose, mainly determining apparent causes of death, and cannot subs....
An FIR must be registered for investigating suspicious unnatural deaths, distinguishing between inquiries under Section 174 Cr.P.C. and criminal investigations under Section 154 Cr.P.C.
Point of Law : Suicide or murder - Medical evidence may help the police in coming to a firm conclusion.
Distinction between inquiries and investigations under different sections of CrPC; obligation to inform victims about inquiry conclusions if no cognizable offense is revealed.
Point of Law : Section 190 of Code reads cognizance of offences by Magistrates.
The magistrate has no power to order further investigation suo motu or on the request of the complainant/informant after cognizance is taken and the accused person appears, nor does the magistrate ha....
It is trite law that Article 21 embraces both the life and liberty of the accused as well as the interest of the victim, his or her near and dear ones, as well as of the community at large.
Judicial intervention in criminal investigations is warranted to ensure fair process and public trust when local authorities are ineffective or biased.
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