ORDER :

PRAYER: This Criminal Revision Case is filed under Sections 397 r/w 401 of the Criminal Procedure Code, to call for the records relating to the order dated 08.12.2022 made in Cr.M.P. No.2268 of 2022 on the file of the Judicial Magistrate Court-VI, Madurai, dismissing the petition under Section 173(8) of Cr.P.C.

This Criminal Revision Case has been filed to call for the records relating to the order dated 08.12.2022 made in Cr.M.P. no.2268 of 2022 on the file of the Judicial Magistrate Court-VI, Madurai, dismissing the petition under Section 173(8) of Cr.P.C.

2. Facts in brief:

One Sikkandar Arafath who is the son of the petitioner was travelling from Bangalore to Madurai on 06.08.2021 through train along with his three friend. The petitioner received information that the above said person fell down and died, he immediately went to the place, where, his dead body was lying. Suspecting the involvement of his three friends, he lodged a complaint on 08.08.2021 at about 2.00 p.m., that was also registered in Crime No.62 of 2021 under Setion 174 of Cr.P.C. Investigation was undertaken and during the course of investigation, it was found that either it was self made accident or suicide. The Final Report was filed droping further proceedings.

3. Now seeking reinvestigation, this petitioner has been filed Cr.M.P. No.2268 of 2022 under Section 173(8) of Cr.P.C. stating that he suspecting the nature of death of his son. It was contended before the trial Court that right from the beginning, investigation was undertaken in a prejudiced manner to make it appear it is a self accident or suicide.

4. At the conclusion of the enquiry, the trial Court found that the deceased was involved in illegal activities, since he was in financial problem. So, on the basis of the evidence collected during the course of investigation and on perusal of the records, the trial Court found that there is no suspicion in the death and no further investigation is required.

5. When the matter is taken up for hearing, the learned senior counsel appearing for the petitioner stressed only one point to the effect that even though the case was registered under Section 174(3) of Cr.P.C. as suspicious death, but immediate action that not have been taken by the respondent is the subject matter to enquired by Executive Magistrate under Section 174 of Cr.P.C. He would straight away rely upon the judgment of this Court in Manohari Vs. The District Superintendent of Police, Sivagangai District, Sivagangai and others 2018-2-L.W. (Crl.) 522 wherein the elaborate procedure has been prescribed by this Court while dealing with the suspicious death and the following guidelines have been issued.

24. In view of the above, this Court proceeds to answer the issue that was raised in this case as follows:

a) The Police on receipt of an information about the suspicious death shall registered an F.I.R under Section 174 of Criminal Procedure Code and thereafter he can proceed to the scene of occurrence and prepare an Inquest Report.

b) When a Police Officer receives an information to the effect that the deceased is lying in a serious condition, he can rush to the scene of occurrence, in order to see if he can save the victim and if in case the victim does not survive he can proceed to prepare the Inquest Report in accordance with Section 174(1) of Cr.P.C, and thereafter register an F.I.R under Section 174 of Cr.P.C. The Inquest Report has to describe the wounds, fractures, bruises and other marks of injuries as are found on the dead body and state in what manner, or by what weapon or instrument [if any], such marks appear to have been inflicted.

c) The Police Officer shall also prepare a Rough Sketch of the place of occurrence.

d) The Inquest Report and the Rough Sketch shall be prepared in the presence of two or more respectable inhabitants of the neighborhood.

e) The object of the Inquest Proceedings is merely to ascertain whether a person has died under unnatural circumstances or an unnatural d