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2023 Supreme(Online)(KER) 7064

HIGH COURT OF KERALA
A. Muhamed Mustaque, Shoba Annamma Eapen, JJ
JOSHI N. THOMAS
– Appellant
Versus

*STATE OF KERALA – Respondent
WA 1937 2022



The court upheld that existing investigations were adequate and reaffirmed the accidental cause of death, dismissing the notion for further investigation.

Headnote:

Investigation - Writ Petition - Procedural Law - Sections Not Specified - The court emphasized the importance of robust investigative procedures and affirmed the closure report indicating accidental drowning, ultimately dismissing the appeal for lack of merit.

Fact of the Case:

The appellant's son was found dead due to drowning, leading to a police investigation that concluded his death was accidental. Despite multiple petitions for re-investigation, findings consistently confirmed the cause of death without indications of improper investigation.

Issues: The primary issue was whether there was sufficient basis for a re-investigation into the cause of death following multiple prior investigations concluding it was accidental drowning.

Ratio Decidendi: Investigative authority is only disturbed when significant dissatisfaction regarding prior investigations exists; in this case, consistent findings did not warrant re-investigation.

Final Decision: The appeal is dismissed.

J U D G M E N T

A. Muhamed Mustaque, J The appellant is a practicing lawyer of this Court. He appeared in person. The Writ Petition (Crl.) was filed for proper investigation of a crime registered as Crime No.172/2011 of Athirappilly Police Station. That has been dismissed by the learned Single Judge.

2. The appellant's son died on 13/5/2011. He was found dead at a picnic spot in a place called Aroormuzhy under Athirappilly Panchayath, Thrissur District. He was found drowned in water. The cause of death was asphyxia caused by drowning. Police registered a crime and after completing investigation, they submitted a closure report stating that the death of the deceased was due to drowning. The petitioner took up the matter with different authorities for re-investigation. He filed W.P.(C).No.22875/2015 for re-investigation which was disposed of on 9/8/2017 directing the Additional Director General of Police, Northern Zone, to comprehensively investigate the matter and take action. Again, a report was filed stating that the death was due to drowning. The appellant approached this Court again with W.P. (C).No.19237/2019 for further investigation. That writ petition was dismissed. The appeal and review petition were also dismissed.

3. Thereafter, again the appellant filed a Writ Petition (Crl.) based on an information provided by a close relative. The learned Single Judge noted that the subsequent investigation based on the revelation by the close relative also revealed that the cause of death was due to drowning and dismissed the writ petition. This writ appeal arises from the said judgment.

4. On 7/2/2023, we passed the following order:

The learned Government Pleader submits that subsequent to the alleged revelation of information by the witness, further investigation has been conducted by the Detective Inspector, Crime Branch, Thrissur as forwarded by the Superintendent of Police. It is submitted that based on such investigation, there is no reason to re-investigate the matter. The learned Government Pleader is directed to file a report before this Court in this regard.

5. Thereafter, a report has been placed before us. The report also indicates that a detailed investigation has been conducted in the matter. Though a reply has been filed by the appellant objecting to the report, we do not find any reason to reject the report. The report clearly indicates that the cause of death was accidental drowning. Entrustment of investigation with other agencies would arise only when the Court is thoroughly dissatisfied with the investigation. Absolutely, there is nothing to indicate that there was no proper investigation. We find no merit in this appeal. The appeal fails and stands dismissed.

A.MUHAMED MUSTAQUE, JUDGE

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